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OFFICIAL 


JOIIRML  OF  THE  PROCEEDIJiGS 


OF  TEE 


C 


TI 


FOR 


FRAMING  A  CONSTITUTION 


FOR  THE 


STATE  OF  LOUISIANA. 


JC32840 


lAWUBRARr 


KEW  OBLEANS: 
J.  B.  ROUDANEZ  &  CO.,  PRINTERS  TO  THE  CONVEKTIOX, 
1867—1868. 


« 

I 


JOUEXAL  OF  THE  CONVENTION 


PE-AMmG  A  CONSTITUTION^  EOK  TKE   STATE  OF  LOTHSIANA, 


FIRST  DAY. 
New  Qbt.-rans,  November  23,  1867. 

The  Convention  was  called  to  order  at 
12  o'clock  31.  by  W.  R.  Crane,  of  Orleans. 

On  motion  of  W.  R.  Crane,  of  Orleans, 
R.  O.  Gardner,  of  Jefferson,  was  nomi- 
nated as  President  pro  ter.i. 

On  motion  of  R.  I.  Cromwell,  of  Orleans, 
Wm.  Yigers  was  axDpointed  Secretary  irro 
tern. 

W.  R.  Crane,  of  Orleans,  moved  to  nomi- 
23ate  a  Sergeant-at  Arms,  pro  tern. 

W.  H.  Cooley,  of  Point^^.Coiipee,  moved 
that  the  roll  be  called  to  ascertain  whether 
a  qnorum  was  present. 

J.  H.  Ingraham,  of  Caddo,  moved  that 
the  Roll  Secretary  be  ordered  to  read  the 
mihtary  order  calling  this  Convention  to 
assemble. 

The  Secretary  then  read  Special  Order 
No.  166,  after  which  the  following  delegates 
answered  to  the  roll  : 

Messrs.  P.  F.  Yalfroit,  Milton  Morris,  O. 
H.  Heampstead,  P.  Poindexter,  F.  Edwards, 
Ls.  Francois,  G.  W.  Reagan,  F.  Lange,  Y\ 
H.  Cooley,  E.  Bonnefoi,  Theop.  Myers,  J. 
H.  Ingraham,  C.   C.  Antoine,  A.  Bernard, 
John  Lynch,    Thos.  P.  Harrison,  J.  F.  , 
Tahaferro,  Yv^m.  H.  Meadows,  James  H.  I 
Landers,  J.  B.  Le™,  J.  E.  Snider,  J.  P.  ' 
Newsham,    R.     Lewis,     John   Gair,    H.  | 
Y'iiliams,  P.  G.  Deslonde,  Wm.  Brown,  i 
Thos.  N.  Martin,  R.  G.  Gardner,  N.  Schwab^  ; 

D.  H.  Reese,  Y'm.  Miirrell,  F.  Riard,  Y"m'  | 
Butler,  G.  Dupart,  D.  D.  Riggs,  Thos„  I 
Leroy,  W.  H.  Hiestand,  Ohs.  Smith,  D,.  | 
Wilson,  R.  H.  Isabelle,  8.  Moses,  S.  Jones.,  i 
Wm.  R.  Crane,  H.  Bonseic^neur,  Thos.,!  | 
Isabelle,  L.  Rodriguez,  S.  Bolden,  G.  M.  ' 
Wickhffe,  R.LCromvrell,  P.B.  S.  Pinchbar-t'"  I 

E.  D.  Tinchant,  C.  B.  H,  Dnplessis,  D, '  | 
Douglas,  A.  Bertonneau,  0,  C.  Blandin,  J. 


A.  Massicot,  S.  B.,  Packard,  L.  Guichard, 
Charles  A.  Thibaut,  Geo.  W.  Dearing,  (x. 
Y.  Kelso,  S.  Cijney,  Denis  Biirrell,  J. 
Deslonde,  P.  Harper."  J.  C.  OKver,  N.  Un- 
derwood, Geo.  H.  Jackson,  J.  B.  Yander- 
grrff,  S.  L.  Snaer,  J.  B.  Esnard,  F.  Marie, 
U.  Dupart — 78  members  answered  to  their 
names. 

Capt.  Pinchback,  of  Orleans,  offered  a 
resolution  to  be  read  by  the  Secretary. 

R.  I.  Cromwell  of  Orleans,  objected  to 
the  reading  of  the  resolntion  as  being  pre- 
mature. 

P.  B.  S.  Pinchba-ck,  of  Orleans,  withdrew 
his  resolution. 

A  motion  to  adjourn  vras  lost  by  the  fol- 
lowing vote : 

Ayes  31 ;  nays  48. 

The  Convention  then  proceeded  to  select 
a  Sergeant-at- Arms  pro  tern. 

Mr.  Crane,  of  Orleans,  nominated  D.  W. 
Shaw. 

R.  H.  IsabeUe,  of  Orleans,  nominated  J. 
M.  Davis. 

R.  1.  Cromwell,  of  Orleans,  nominated 
N.  YiHere. 

Mr.  Wickhffe  moved  that  the  election  be 
madebybaUot.  Adopted.  Ayes  47  ;  nays  10. 

A  motion  that  the  plurahty  vote  should 
elect  was  lost. 

J.  G.  Taliaferro,  of  Catahoula,  and  R. 
Waples,  of  Orleans,  were  appointed  tellers. 

The  Secretary  iein.  then  proceeded  to 
call  the  roll. 

Result  Oi  the  first  baUot  : 
N.  Yillere  received  12  votes  ;  J.  M.  Davis 
received  36  votes  ;  G.  W.  Shaw  received  17 
votes  ;  F.  Da^ds  received  -1  votes  ;  F.  Mer- 
ril  received  2  votes ;  E.  Berhel  received  2 

32640 


LAW  UBRARV 


4  JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


votes  ;  E.  Davis  received  4=  votes  ;  Wallace 
deceived  1  vote.    No  election. 

A  motion  was  made  to  elect  the  Sergeant- 
at-Arms  viva  voce.  Lost. 

Second  ballotting  : 

J.  M.  Davis  received  38  votes ;  G.  W. 
Shaw  received  35  votes  ;  N.  Yillere  received 
2  vote§ ;  E.  Davis  received  1  vote ;  J.  L. 
Davis  received  1  vote. 

J.  M.  Davis,  having  received  the  highest 
number  of  votes  was  declared  elected  Ser- 
geant-at-Arms  pro  tern. 

P.  B.  S.  Pinchback,  of  Orleans,  called 
for  the  reading  of  his  resolution.  A.  Ber- 
tonneau,  of  Orleans,  moved  to  adjourn  until 
Monday  November  25th,  1867,  at  11  o'clock 

A.  M. 

The  motion  to  adjourn  having  prevailed 
flie  Convention  a<ijournedto  meet  on  Mon- 
day, November  25th,  1867,  at  11  o'clock  a.  m. 

A  true  copy  : 

WM,  TIGERS,  Secretary. 

SECOND  DAY. 
New  Orleans,  November  25,  1867. 
The  Convention  was  caUed  to  order  at 
11  o'clock  A.  M. 
R.  G.  Gardner,  of  Jefferson,  in  the  Chair. 
Prayer  was  offered  by  Bishop  Campbell. 
The  Secretary  pro  tern,  called  the  roU  and 
the  following  delegates  answered  to  their 
names  : 

Messrs.  C.  C.  Antoine,  L.  "W.  Baker,  J. 
L.  Barrett,  S.  Belden,  A.  Bertonneau,  W. 
J.  Blackburn,  O.  C.  Blandin,  Hy.  Bon- 
seigneur,  E.  Bonnefoi,  Wm.  Brown,  De- 
nis Burrell,  Wm.  Butler,  Cooley,  Crane, 
Crawford,  Cromwell,  Cuney,  Dearing,  De- 
murest, Depasseau,  P.  G.  Deslonde,  Jos. 
Deslonde,  Donato,  Douglass,  Drinkard,  Du- 
part,  Ulger  Dupart,  Duplessis,  Esnard, 
Francois,  G.  W.  Furguson,  Gair,  Guirhard, 
Harper,  Harris,  Hempstead,  Hielstand,  In- 
graham,  R.  H.  IsabeUe,Thos.  Isabele,  Jones, 
Kelso,  Landers,  Lange,  Leroy,  J.  B.  Lewis, 
R.  Lewis,  Ludehng,  Lynch,  Marie,  Martin, 
Massicot,  Meadows,  McMillen,  Morris, 
Moses,  Mun-ell,  Mushaway,  Myers,  New- 
sham,  OHver,  Packard,  Pierce,  Pinchback, 
Poindexter,  PoUard,  Reagan,  Reese,  Riard, 
Riggs,  Roberts,  Rodriguez,  Schwab,  Smith, 
Snaer,  Scott,  Snider,  Taliaferro,  Thibant, 
Twitchell,  Underwood,  Valfroit,  Vander- 
griff,  Vidal,  Waples,  Wickliile,  WiJliams, 
Wilson— 88  members  present* 


There  being  a  quorum  present,  the  Con- 
vention proceeded  to  business. 

The  minutes  of  the  last  session  are  read 
by  the  Secretary  pro  iem.  and  adojDted. 

G.  M.  Wickliffe,  of  Orleans,  moved  that 
Rev.  Drs.  Turner,  Campbell,  Newman,  Mr. 
Page  and  ex-Governor  Wells  be  invited  to 
take  seats  on  the  j^latform.  Seconded  and 
adoi^ted. 

Mr.  G.  M.  Wickliffe,  of  Orleans,  offered 
the  following  resolution  : 

Resolved,  That  all  subordinate  officers 
and  employers  of  this  Convention  shall  be 
dra%va  equally  from  both  races. 

Thos.  Deslonde,  of  St.  Charles,  moved  to 
lay  the  resolution  on  the  table.  Seconded. 

Mr.  Wilson,  of  Orleans,  called  for  the 
ayes  and  nays.  Carried. 

The  following  delegates  voted  aye  : 

Messrs.  Antoine,  Baker,  Barrett,  Brown, 
Beiden,  Blackburn,  Blandin,  Burrell,  Craw- 
ford, Cromwell,  Cuney,  Dearing,  Deslonde, 
Jos.  Deslonde,  Donato,  Douglass,  Drinkard, 
Ferguson,  Guichard,  Harper,  Harris, 
Hempsteod,  Hiestand,  Kelso,  Landers,  Le- 
roy, Lewis,  R.  Lewis,  Ludehng,  Massicot, 
Meadows,  McMillen,  Morris,  Murrell,  New- 
sham,  OHver,  Packard,  Reagan,  Reese, 
Roberts,  Scott,  Snider,  Tahaferro,  Twitch- 
ell, Underwood,  Yandergriff,  Vidal — 4:7 
ayes. 

The  following  delegates  voted  nay  : 
Messrs.  Bertonneau,  Hy.  Bonseigneur, 
Bonnefoi,  Butler,  Cooley,  Crane,  Francois, 
Demareet,  Depasseau,  Dupart,  U.  Dupart, 
Duplessis,  Esnard,  Ingi-aham,  Isabelle, 
Thos.  Isabelle,  Jones,  Lange,  Marie,  Mar- 
tin, Moses,  Mushaway,  Myers,  Pinchback, 
Poindexter,  Pollard,  Riard,  Riggs,  Rodri- 
guez, Schwab,  Smith,  Snaer,  Thibaut,  Val- 
froit,  Waples,  Widdiffe,  Williams,  Wilson — 
38  nays. 

The  resolution  v/as  laid  on  the  table. 

Mr.  Smith,  of  Orleans,  moved  that  the 
Convention  proceed  to  a  permanent  organ- 
ization. Carried. 

Mr.  Cromwell,  of  Orleans,  moved  that  the 
Convention  Proriident,  Secretary^  Sergeant- 
at-Arms  and  Doorkeeper  be  elected  by 
baUot. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
elect  the  President  viva  voce. 

Mr.  Jones,  of  Orleans,  moved  that  the 
motion  be  laid  on  the  table.  Carried. 

Mr.  Bertonneau,  of  Orleans,  nominates 
RnfttS  WapkSi 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION 


Mr.  Dupart,  of  Livingston,  nominates  j 
W.  R.  Crane.  j 

Mr.  Charles  Smith,  of  Orleans,  nominates  j 
J.  a,  TaliafeiTo.  | 

Mr.  S.  Snaer,  of  St.  Martin,  nominates 
S.  Belden.  I 

Mr.  O.  C.  Blandin,  of  Orleans,  moved  j 
that  the  nominations  be  closed.  I 

Mr.  R.  H.  Isabeile,  of  Orleans,  moved  j 
that  three  tellers  be  appointed.  Carried. 

The  chair  appoints  Messrs.  J.  H.  Ingra- 
ham,  of  Caddo,  Wm.  H.  Cooley,  of  Point 
Coupee,  J.  Mushaway,  of  Orleans,  tellers. 

First  balloting: 

R.  "Waples  received  18  votes;  "W.  R.  Crane 
received  20  votes;  S.  Belden  received  10 
votes  ;  Mr.  Taliaferro  received  39  votes  ; 
Chas,  Smith  received  1  vote. 

Mr.  J.  P.  Newsham,  moved  that  the  Wo 
highest  candidates  be  balloted  for,  which, 
on  motion  of  Mr.  Gr.  M.  Wickliffe,  was  laid 
on  the  table. 

S.  Snaer,  of  St.  Martin,  vdthdraws 
the  name  of  S.  Belden. 

The  Convention  then  proceeded  to  a 
second  balloting. 

Second  balloting : 

Mr.  Tahaferro,  received  45  votes  ;  Mr. 
Crane  received  29  votes  ;  Mr.  Waples  re- 
ceived 15  votes  ;  .  Mr.  Gardner  received 
1  vote. 

There  being  on 3  vote  cast  more  than  the 
number  of  delegates  j^resent  the  Conven- 
tion proceeded  to  a,  third  balloting. 

A.  Bertonneau,  of  Orleans,  mthdraws  the 
name  of  R.  WajDles. 

Third  balloting  : 

Mr.  Tahaferro  received  57  votes ;  Mr. 
Crane  received  38  votes. 

J.  G.  Tahaferro,  of  Catahoula,  is  declared 
the  President  elect  of  the  Convention. 

G.  M.  Wickhffe,  of  Orleans,  moved  that 
the  election  be  made  unanimous.  Carried. 

P.  B.  S.  Pinchback,  of  Orleans,  moved 
that  a  committee  of  three  be  appointed  to 
escort  the  President  elect  to  the  chair.  Car- 
ried. 

The  chair  appoints  Messrs.  Pinchback, 
Wickhffe,  Waples.  A  '  er  a  few  preliminary 
remarks  the  President  took  his  seat. 

Mr.  Wm.  H.  Cooley,  of  Point  Coupee, 
offered  the  following  resolution : 

Resolved,  That  a  committee  of  seven  mem- 
bers be  appointed  by  the  ehair,,  to  reeommend 


to  this  Convention  suitable  persons  to  occupy 
the  places  of  Secretary,  i^ssistant  Secretary, 
Sergeant-at-Ai-ms,  Door-keeper  and  Post- 
master, and  that  said  committee  be  in- 
structed to  report  to-morrow  at  the  oj)ening 
of  this  body. 

On  motion  of  Mr.  L.  Rodriguez,  of  Or- 
leans, it  was  laid  on  the  table. 

Mr.  P.  B.  S.  Pinchback,  of  Orleans, 
moved  to  elect  a  Secretary  by  baUot.  Car- 
ried. 

Mr.  S.  Belden,  of  Orleans,  nominated 
Mr.  Wm.  Tigers. 

Mr.  H.  Bonseigneiu',  of  Orleans,  nomi- 
nated Mr.  H.  F.  Campbell, 

The  chair  appointed  as  tellers  Messrs. 
Belden  and  Smith,  of  Orleans,  and  Mr. 
Tidal,  of  St.  Landry. 

The  Convention  proceeded  to  ballot  for 
a  Secretary. 

First  balloting: 

WiUiam  Tigers  received  54  votes  ; 
H.  G.  Campbell  received  31  votes;  H. 
Train  received  1  vote;  J.  L.  Campbell 
received  3  votes. 

Wm.  Tigers,  having  received  the  major- 
ity of  votes,  was  declared  elected  Secretary 
of  the  Convention. 

Mr.  D.  Wilson,  of  Orleans,  moved  to 
proceed  to  the  election  of  a  Sergeant-at- 
Arms.  Carried. 

Mr.  J.  P.  Newsham,  of  West  Fehciana, 
niovedto  adjourn  until  5  o'clock  p.  m.  Lost. 

'  Mr.  W.  L.  McMnien,  of  CarroU,  offered 
the  foUomng  resolution  : 

Resolved,  That  a  committee  of  thirteen 
(13)  members  be  appointed  to  rej^ort  rules 
and  regulations  to  govern  the  proceedings 
of  this  Convention,  and  the  number,  char- 
acter and  designation  of  the  various  stand- 
ing committees  necessary  in  framing  a 
Constitution. 

Mr.  Pinchback,  of  Orleans,  moved  for  a 
call  of  the  House  to  ascertain  whether  a 
quorum  was  present. 

Eighty-two  members  answered  to  their 
names. 

Nominations  being  declared  in  order  the 
follomng  gentlemen  were  nominated  for 
the  office  of  Sergeant-at-Arms  : 

J.  M.  Davis,  L.  Berhel,  C.  C.  Morgan, 
N.  Tillere,  Chas.  Gradpre,  E.  Davis,  L.  J.  P. 
Capla,  D.  Y/.  Shaw. 

Thos.  S.  Crawford,  of  GaldweU,  moved 
to  adopt,  Lost, 


6  JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


A.  Bortonnean,  of  Orleans,  moved  that  a 
plurality  of  votes  should  determine  the 
election.  Adopted  on  a  division.  Ayes  57, 
nays  23. 

The  Convention  then  proceeded  to  ballot. 
First  ])ulloting  : 

J.  M.  Davis  received  25  votes;  R.  Davis 
received  M  votes;  L.  Berhel  received  'IQ 
votes;  C.  C.  Morgan  received  2  votes;  N. 
Villere  received  3  votes;  Chas.  Grandpre 
received  2  votes;  D.  W.  Shaw  received  7 
votes;  E.  Y/.  Shaw  received  7  votes;  Chas. 
E.  Murrel  received  1  vote. 

Mr.  Ll  Berhel  having  received  the  high- 
est number  of  votes  was  declared  elected 
Sergeant-at-Arms. 

On  motion  of  O.  C.  Blandin,  of  Orleans, 
the  Convention  adjourned  to  met  on  Tues- 
day, November  26,  1867,  at  10  o'clock  a.  m. 

A  true  copy  : 

WM.  YIGERS,  Secretaiy. 

THIED  DAY. 
New  Oeleai?s,  November  26,  1867. 
The  Convention  met  at  10  o'clock  a.  m. 
Judge   Taliaferro,   of  Catahoula,   in  the 
chaii*. 

The  Secretary  proceeded  to  call  the  roll, 
and  the  following  members  answered  to  their 
names: 

Messrs.  Antoine,  Baker,  Barrett,  Belden, 
Bertonneau,  Blackburn,  Blandin,  Bonseig- 
neur,  Bonnefoi,  Brown,  Burrel,  Butler, 
Cooley,  Crane,  Crawford,  Cromwell,  Cuney, 
Dearing,  Demarest,  Depasseau,  P.  G.  Des- 
loude,  J.  Deslonde,  Donato,  Douglass, 
Drinkard,  Dupart,  U.  Dupart,  Duplessis, 
Esnard,  Francois,  Ferguson,  Gair,  Gard- 
ner, Guichard,  Hai-per,  Harris,  Hempstead, 
Ingraham,  Thos.  Isabelle,  E.  H.  Isabelle, 
Jackson,  Jones,  Kelso,  Landers,  Lange, 
Leroy,  E.  Lewis,  Ludeling,  i^arie,  Martin, 
Massicot,  Meadows,  McMilleu,  Morris, 
Mosses,  MurreL  Mushaway,  Myers,  New- 
sham,  Oliver,  Packard,  Pierce,  Pinchback, 
Poindexter,  Pollard,  Ecagan,  Eeese,  Eiard, 
Eiggs,  Eodrie'uez,  Schv\^ab,  Smith,  Scott, 
Snaer,  Thibaut,  Tinchant,  TmtcbeU,  Un- 
derwood, Yalfroit,  Yandergriif,  Yidal, 
Waples,  "Wicldiffe,  "Williams,  Wilson — 85 
members  present. 

There  being  a  quorum  present,  the  Secre- 
tary proceeded  to  read  the  minutes  of  the 
last  session,  which,  after  a  slight  correction 
from  Chas.  Smith,  of  Orleans,  were  adopted. 

The  following  letter  was  read  by  the 
Secretarj^: 


New  Okleans,  November  25,  1867. 

To  the  Hon.  President  and  Members  of  tlie  Constitu- 
tional Convention  of  Louisiana : 

Gentlemen— I  have  the  honor,  in  the 
name  of  Hon,  T.  L.  Trellock,  Secretary  of 
the  Union  Congressional  Committee,  to 
present  herewith,  for  the  use  of  the  Con- 
vention, a  copy  of  the  New  York  Constitu- 
tional Manual,  containing  a  copy  of  all  the 
States  of  the  Union. 

Yery  respectfully  your  ob't  serv't. 
(Signed)  H.  C.  Waemoth. 

W.  E.  Jones,  of  Orleans,  moved  that  a 
vote  of  thanks  be  tendered  to  J.  L.  Trellock. 
Adopted. 

W.  H.  Cooley,  of  Point  Coupee,  olfered 
the  following  resolution: 

Resolved,  That  an  invitation  to  the  privi- 
leges to  the  floor  of  the  Convention  be  ex- 
tended to  the  Hon.  B.  L.  Lynch,  Judge  H. 
C.  Warmoth,  Dr.  M.  A.  Southworth  and 
Judge  J.  K.  Belden. 

Chas.  Smith,  of  Orleans,  moved  to  amend 
so  as  to  include  the  members  of  the  Conven- 
tion of  1864 

YThich,  on  motion  of  A.  Bertonneau,  of 
Orleans,  was  laid  on  the  table. 

The  original  resolution  was  then  adopted. 

J.  P.  Newsham,  of  West  Feliciana,  offered 
the  following  resolution : 

Resolved,  That  the  members  of  the  public 
press  of  the  city  of  New  Orleans  be  imdted 
to  take  seats  within  the  bar  of  the  Conven- 
tion during  the  session  thereof. 

T.  S.  Crav.^ford,  of  Ouachita,  moved  to 
amend  as  follows : 

That  all  members  of  the  public  press  of 
the  United  States. 

The  resolution  as  amended  was  adojDted. 

Chas.  Smith,  of  Orleans,  ofTered  the  fol- 
lomng  resolution : 

Resolved,  That  the  Judges  of  the  Su- 
preme Court  and  the  District  Court,  ex- 
members  of  Congress,  and  ex-Governor 
Hahn  be  invited  to  seats  within  the  bar. 

G.  M.  Wlcldiife,  of  Orleans,  mov.ed  to 
amend  as  follows: 

On  the  platform. 

The  resolution  as  amended  was  adopted. 

E.  H.  Isabelle,  of  Orleans,  moved  that 
the  proceedings  of  the  Convention  bo 
opened  daily  by  prayer.  Carrieil. 

G.  M.  Wickliffe,  of  Orleans,  offered  the 
following: 

Resolved,  That  a  committee  of  three  be 
appointed  to  invite  the  clergy,  who  are  ^nll- 


JOrH^'AL  OF  THE  CONSIITUTIOXAL  COX-^-EXTIOX.  7 

ing  to  act  as  eiiaplains  to  tliis  ConTention  Monroe,  J.  A  Deslonde,  J.  T.  Biu-ges,  J. 
to  furnisli  the  cliairman  of  said  committee  T.  Deslonde,  J.  B.  .Jora'dain.  J.  M.  A  ance, 
a  list  of  their  names,  in  order  th..:  the  P.  K.  O'Connor,  J.  B.  Levrl^.  josiah 
daily  sessions  of  this  Conyention  may  be  Jjcy.c. 

opened  with,  prayer.  '       |    Q^^-ies  Smith,  of  Orleans,  moved  that 

Seconded  and  adopted.  Uv^^   -  -- 

J.  H.  Ingraham,  of   Caddo,  oS'ered  the      j     ,  -  :  • 

following  resolution: 

Besoleed,  That  the  State  Librarian  be  re- 
quested to   I"::        :  y:  ci  this 


Conyenuon  v  .:,.  _ 
statutes  of  Lo-oisiana, 
also,  coiDies  of  aU  acts 

t   1  -.-K     '  ,     1  -  ■ 


)ii  "will  adjourn  si/ie  die. 


be  rc:v.r:. 
this  L  :-v 

G.  :i 

folio ^^--^        :^  -  -  : 

That  t_  1:  _  -:.  "  :  :  -  " 
ish  the  rcv_- .  .  -  l-C-: 

"Which -  iL-,  iv.::  -  , 

ed  was  adipi'-d, 

A.  Ber:oi.:-e:va.  oi  Ork-ans,  moved  that 
the  C--":-:^  :i  ;n  do  no'^v  proceed  to  elect  a 
^imi:  ,  '._-v_r;  and  Doorkeeper. 

TT.  H.  Cooley,  c  ;  1  :  '  p  v  r..  -  ;  ' 
that  the  election 


Messrs.  Pinchback,  of  Orleans,  Snaer  and 

Tandergrifi'.  <:■!  Saii-t  Mary. 

O.  M^  ^'ickkz..      L'.:  "i  that 

tj  l^'-j.  the  plurahty  oi  votes  should  prevail. 
p"  Lf  ^:--:.:y.rc  oonded  and  carried. 

■  y-^-  TLv  S:-- vz -    : :;  -       ::  roll. 

Z>Ir.  Eaimond   received  one  vote  :  jit. 
M:ilf.;.ra.  17:  J,   A.  Dr^'-le.  12:   J.  B. 

13:  P^k'  Cy^'Zi^'r'-:  1'.  V. '  S&.   2?  j! 
i^n-  Doyle,  9:  T.  J.  Hiii,  2:  E^irgcss,  1. 

A.  Mv::r;e  h--i:-  -.yri-r:  \  ^^i^-hest 

i-Mi— v^j;-.-.    V..:    >  v.cCted 

D.  .rk.^p.r. 

Th-j  President  then  announced  the  com^ 


:'-L  .JO. 

as  amenl 


-      VT.  L,  McMklcn.  oh-:-:.:::  J.   S.  Cra^v- 
"  ■  f:rd.  J.  H.  Jz^y-:-.-.  V;.  H.  Ci.cl.v.  J.  B. 

::::::.  t_.  Xc^-^ham.  P.  P.  S.  Pi2::P'  .      T,  P.  Lude- 


Committee  on  Eules  and  Regulations  re-  hno-.  M, 


1:.:.  E.  L  Cr^:__ 


port 


G.  M.  Wickliffe,  of  Orleans,  moved  that  |  tl^^s 


Geo.  Y.  K?Po.  E.  G.  GaiP- c; 


J.  H.  Lan^ 


even  he  '  ^'^te  on  tn^ 

.i:.e  -h-:' .f  Point  C 


Bev.  T.  W.  Comvay  be  invited  to  take  a  sea 
on  the  phitform.  Canied. 

G.  M.  Wickiine,  of  Orleans,  on-red  th- 
follovring  resolution  : 

Resolved,  That  a  con:-_i:::::e 
appointed  by  the  :k:  ::   :  P 
number  of  subor  P:,  :;\ 
ployees  of  this  Convention.  iPe 
attached  to  each. 

Charles  Smith,  c  :  C^rP  :::^  :: 
the  "whole  sulDject  ■:::  :k_  :  .  Pv         v::  .  , 
to  a  permanent  organization. 

W.  H.  Co:ley.  of  Point  Coupee,  ofiered  j  be  go 
the  foilovring  rcr?':lution  : 

Resolved,  Tj  :"  k:  :iection  of  all  onicers 
except  Doork  post^Doned  until  the 

recej)tion  and  Pn.-k  a:-position  of  the  rej)ort 
of  the  committee  of  thirteen,  aiDpointed 
this  day. 

Seconded  and  adopted. 

P.  B.  S.  Pinchback'moved  to  proceed  to 
ballot.  Carried. 

The   following  gentlemen   were  nom- 
inated : 

W.  Mulford,  M.  Eaymond,  J.  Hurst,  A. 


,     cf    P:.-    E:.::n  Ecuge, 
n:-: -e  1  to  pr . ce :-  .i   ::-  cPc:::n  of  a 

P: -:n::.ster.     DeoPired  out  of  order. 

GeO.  PT.  Ee::g:.n  moved  to  reconsider  the 
:1  ::i:n  of  TTm.  H.  Cooley, 
:e,  Sejonded. 
Ayes  33.  nays  31.  Post. 
^    Mr.    Eeagain.    of  East  Baton  Eouge.  of- 
'  f ered  the  foPoving  resolution  : 

P  Pk       for  the  government-  of 

,  :P:^  C  :_"—::  -:-_til  rules  and  regulations 
shah  P  v   '         ^  :  _  pared  and  adopted,  we 


of  the  Convention  of 

lS6l 

W.  H.  Cooley,  of  Point  Coupee,  ofii'ered 
the  following  amendment  : 

Pk-:  Pk^  C -  ::--::i-::  V  .  -  ■  :  -  •  the 
ral:  -  :. :  p  P  .::  :.;  _  :  :k.  H  :  :  Eep- 
resentatives  oi  the  Lnited  StuLe-t. 

The  resolution  as  amended  was  then 
adopted. 

Ed.  Tinchant,  of  Orleans,  offered  the  fol- 
lowing resolution  : 

Resohed.  That  a  coj^y  of  the  Mihtary  Ee- 
coastruction  Bill  be  furnished  to  each  mem- 


8 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


ber  of  this  Convention.    Laid  on  the  table. 

Mr.  Jones,  of  Orleans,  offered  the  follow- 
ing resolution  : 

Resolved,  That  the  Sergeant-at-Arms  be 
instructed  to  call  uj)on  the  Secretary  of  the 
Sub-Central  Executive  Committee  of  the 
Rei^ublican  party,  who  is  requested  to 
fui-nish  him  with  the  Military  and  Supple- 
mentary Bills,  passed  on  March  the  2d, 
1867.  Seconded  and  adopted. 
^  S.  Belden,  of  Orleans,  offered  the  follow- 
ing resolution  : 

Resolved,  That  th«  Sergeant-at-Arms  of 
the  Convention  be  authorized  to  appoint 
two  Assistant  Sargeant-at-Arms,  who  will 
remain  to  assist,  at  the  will  of  the  Conven- 
tion. 

J.  B.  Yandergriff,  of  St.  Martin,  moved 
to  lay  the  resolution  on  the  table. 
Carried. 

A.  Bertonneau,  of  Orleans,  moved  that 
the  Convention  proceed  to  elect  an  official 
printer. 

J.  P.  Newsham,  of  West  Feliciana,  moved 
to  lay  the  motion  on  the  table. 

Ayes  30,  nays  49.  Lost. 

H.  Bonseigneur,  of  Orleans,  moved  that 
the  vote  be  taken  by  viva  mce, 

Mr.  Reagan  moved  to  lay  the  motion  on 
the  table. 

Wm.  R.  Crane,  of  Orleans,  moved  the 
ayes  and  nays  be  called.  Carried. 
The  following  delegates  voted  aye: 
Messrs.  Antoine,  Baker,  Barrett,  Black- 
burn, Brown,  Burrell,  Cooley,  Crawford, 
Cromwell,  Cuney,  Dearing,  Jas.  Deslonde, 
Donato,  Drinkard,  Ferguson,  Francis, 
Fuller,  Gftir,  Harper,  Harris,  Hemstead, 
Hiestand,  Ingraham,  Kelso,  Landers,  Leroy, 
J.  B.  Lewis,  R,  Lewis,  Ludeling,  Lynch, 
McMillen,  Murrell,  Newsham,  Ohver,  Pack- 
ard, Pierce,  Pinchback,  Poindexter,  Reagan, 
Reese,  Riard,  Riggs,  Scott,  Snaer,  Steele, 
Twitchell,  Underwood,  Valfroit,  Vandergi'iff, 
Vidal — 51  ayes. 

The  following  delegates  voted  nay: 
Messrs.  Belden,  Bertonneau,  Blandin, 
Bonseigneur,  Bonnefoi,  Butler,  Crane, 
Depasseau,  P.  G.  Deslonde,  Douglass, 
G.  Dupart,  U.  Dupart,  Duplessis,  Es- 
nard,  Gardner,  Guichard,  R.  H.  Isabelle, 
Thos.  Isabelle,  Jackson,  Jones,  Lange, 
Marie,  Martin,  Meadows,  Milton,  Moses, 
Mushaway,  Myers,  PoUard,  Rodriguez, 
Schwab,  Smith,  Thibaut,  TinchantjWaples, 
WickHffe,  Wilhams,  Wilson— 35  nays. 

The  motion  to  vote  mm  wee  was  lost — 
ayes  51,  nays  35. 


D.  Wilson,  of  Orleans,  moved  to  adjourn* 

Mr.  Isabelle,  of  Orleans,  moved  to  take  a 
recess  of  twenty  minutes. 

P.  B.  S.  Pinchback,  of  Orleans,  moved 
to  lay  the  motion  on  the  table.  Carried. 

D.  Wilson  moved  to  adjourn  until  2 
o'clock  p.  M.  Lost. 

Mr.  Vandergriff,  of  St.  Martin,  nominated 
L.  S.  Brown  &  Co. 

T.  M.  Martin,  of  Jefferson,  nominated  J. 
B.  Roudanez  &  Co. 

R.  Waples,  of  Orleans,  requested  permis- 
sion to  speak  before  calling  the  roU. 

The  chair  decided  the  gentleman  out  of 
order. 

Ed.  Tinchant,  of  Orleans,  offered  the  fol- 
lowing resolution : 

Resolved,  That  the  Hon.  R.  Waples,  of 
Orleans,  be  allowed  to  speak  on  the  subject. 

J.  M.  WicMiffe,  of  Orleans,  appealed  from 
the  decision  of  the  chair. 

The  chair  was  sustained  by  the  following 
vote: 

Ayes  47,  nays  38. 

The  chair  aj^pointed  as  tellers  P.  B.  S. 
Pinchback,  of  Orleans,  S.  Moses,  of  Orleans, 
J.  P.  Newsham,  of  West  Feliciana. 

The  Secretary  proceeded  to  caU  the  roll. 

First  balloting: 

J.  B.  Roudanez  &  Co.  received  46  votes. 

S.  L.  Brown  &  Co.  received  45  votes. 

J.^B.  Roudanez  &  Co.  having  received  the 
highest  number  of  votes,  were  declared 
the  official  printers  of  the  Convention. 

On  motion  of  J.  Mushaway,  of  Orleans, 
the  Convention  adjourned  to  meet  on 
Wednesday,  November  27,  1867,  at  10 
o'cldck  A.  M. 

A  true  copy: 

WM.  YIGERS,  Secretary. 

FOURTH  DAY. 
New  Okleans,  November  27,  1867. 

At  ten  o'clock  a.  m.  the  Convention  was 
called  to  order. 

J.  G.  TaHaferro  in  the  chair. 

Mr.  Wickliffe,  of  Orleans,  moved  that 
Rev.  Dr.  Conway  be  invited  to  open  the 
proceedings  with  a  prayer.  Adopted. 

Prayer  by  the  Rev.  Conway. 

Roll  called  by  the  Secretary.  The  follow- 
ing delegates  answered  to  their  names: 


JOUEKAL  OF  THE  CONSTITUTIONAL  CONVENTION 


Pesident  J.  G.  TaliafeiTO,  Messrs.  An- 
toine,  Bilker,  Barrett,  Belden,  Bertonneau, 
Blandin,  Blackburn,  Bonseigneur,  Brown, 
Burrel,  Butler,  Cooley,  Crane,  Crawford, 
Cromvrell,  Cuney,  Bearing,  Depasseau,  P. 
G.  Deslonde,  Donato,  Douglass,  Drinkard, 
Du23art,  Duplessis,  Esnard,  Francois,  Ful- 
ler, Gair,  Gardner,  Harper,  Hiestand,  In- 
graliam,  Pt.  H.  Isabelle,  Jones,  Kelso,  Lan- 
ders, Lange,  Leroy,  J.  B.  Lewis,  LudeKng, 
Marie,  Martin,  Meadows,  Martin,  Moses, 
.\  urrell,  'liusliawav,  Oliver,  Packard,  Pierce, 
Poindexter,  Pollard,  Peagan,  Eeese,  Eiggs, 
Eoberts,  Eodreguez,  Bcott,  Snider,  Tiii- 
baut,  Tv.'itchell,  Underwood,  Yalfroit,  Yan- 
dergriff,  ^Yilliams,  Wilson — 73  members 
present. 

The  Secretary  then  read  the  minutes  of 
the  last  meeting,  which  on  motion  were 
adopted. 

J.  T.  Ludeling,  of  Caldv>-ell,  and  several 
of  the  Committee  of  Thirteen  requested 
IDermission  to  retire  to  the  committ-ee 
room.  Granted. 

G.  M.  Yvickhfife,  of  Orleans,  offered  the 
f ollov^ing  resolution  : 

Wheeeas,  The  enemies  of  the  Eadical 
party  in  Louisiana  have  succeeded  but  too 
well  in  inflaming  the  prejudices  of  the 
white  people  against  the  colored  of  our 
State,  and  against  all  the  Eadical  Eepub- 
licans  on  account  of  their  connection  with 
that  party;  and 

YriiEEEAS,  It  is  the  true  interest  of  the 
colored  race  and  the  true  policy  of  the  Ee- 
publican  Eadical  party,  and  their  true  and 
real  honest  desire  to  dissipate  this  unfound- 
ed prejudice  by  a  coiu'se  of  strict  justice 
and  hoDor,  and  by  using  every  endeavor  to 
preserve  peace  and  good  order;  therefore 
^  Ii'^solrpcl  That  the  delegates  to  this 
Convention,  as  the  direct  and  legal  repre- 
sentatives of  the  Eadical  Eepublican  party, 
and  as  the  true  friends  of  the  colored 
race,  do  hereby  utterly  repudiate  all  desire 
for  class  legislation,  and  all  desire  to  Afric- 
anize the  State  of  Louisiana,  and  that  we 
do  not,  as  a  people  or  party,  desire  or  medi- 
tate, nor  will  we  countenance  bloodshed  or 
revenge. 

]l"S'Jr^'I.  That  all  we  claim  is  equality 
]3efore  the  law  for  all  men  mthout  distinc- 
tion of  race  or  color  or  previous  condition, 
and  shall  endeavor  to  secure  this  great  con- 
sideration of  all  just  men,  and  to  inaugiu-- 
ate  a  system  of  government  that  will  secure 
the  great  pohtical,  ci^ul,  social  and  indus- 
trial welfare. 

Eesol}:ed,  That  we  deprecate  the  senti- 
ments expressed  in  the  leading  article  of 
the  Eepubhcan  newspaper  of  this  city,  in 


I  its  issue  of  November  25,  1867,  and  de- 
i  nounce  the  said  article  as  incendiary,  un- 
'i  called  for,  dangerous  to  the  best  interests 
i  of  our  party,  and  declare  that  the  said 
'  palmer,  in  said  article,  does  not  rep)resent  the 
I  sentiments,  "uishes  or  purposes  of  the  Ead- 
i  ical  Eepubhcan  party  of  Louisiana,  or  of 
j  the  colored  race. 

I  Resoked,  That  while  we  do  not  ex- 
\  pect  aught  else  from  rebel  sheets  but 
1  misrepresentations,  falsliood  and  calum- 
1  ny,  and  are  fully  aware  that  the  sentiments 
I  uttered  by  those  despicable  liireling  sheets, 
1  are  not  entertained  by  the  honorable  por- 
tion of  the  Southern  people,  vre  most  solemn- 
ly protest  against  all  such  unauthorized  and 
1  dangerous  sentiments,  ^iews  and  piu-poses. 


Mr.  Eeagan,  of  East  Baton  Eouge,  moved 
tolay  the  resolution  on  the  table. 

Mr.  Yvlckliffe,  of  Orlerns,  requested  the 
Secretary  to  read  an  extract  from  a  news- 
j  paper. 

!  The  Secretary  then  read  the  extract.  Mr. 
I  Schawb,  of  Jefferson,  offered  the  following 
'  amendment : 

j  Whebeas,  The  discussion  of  this  article 
j  takes  us  all  the  time  to  discuss  it ;  therefore  : 
I  Resohed,  That  we  na  longer  discuss  upon 
I  but  simply  denoimce  the  article  asinjiuious 
I  to  the  Eepubhcan  prixicipL  .;,  and  a  misre- 
'  iDresentation  thereof,  ana  ;^:.roceed  to  fiu'ther 
business. 

Mr.  Pinchback,  of  Orleans,  moved  to  lay 
the  whole  subject  on  the  table. 

Carried — Ayes  41,  nays  33. 

By  Jos.  Deslonde,  of  Saint  John  the 
Baptist  : 

Resolved,  That  Major  Gen,  J.  A,  Mower 
and  staff  be  resp)ectfuUy  incited  to  ^isit 
this  Convention,  and  that  a  committee  of 
five  be  api^ointed  by  the  chair-  to  wait  on 
Gen.  Mower  and  communicate  this  resolu- 
tion to  him. 

Which,  on  motion,  was  adopted. 

Mr.  Wickliffe,  of  Orleans,  offered  the 
following  resolution  : 

Revoked,  That  a  committee  be  ap-oointed 
to  secure  a  copy  of  the  rides  of  order  of  the 
House  of  Eepresentatives  of  the  United 
States  Congress  and  instruct  the  Printer  of 
this  Convention  to  furnish  one  hundred 
copies  for  the  use  of  the  members  of  this 
Convention. 

G.  W.  Ferguson  moved  to  lay  the  resolu- 
tion on  the  table.  Lost. 

Mr.  Lynch,  of  Morehouse,  moved  that  it 
be  refen'ed  to  a  committee  of  thii'teen.  Car- 
ried. 


10 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  Convention,  on  motion,  took  a  recess 
©f  one  hour  to  await  tlie  rex)ort  of  the  com- 
mittee of  thirteen. 

At  1%  o'clock  p.  M.  the  Convention  was 
called  to  order.    82  delegates  jDresent. 

The  Secretary  read  the  names  of  the  fol- 
lowing committee 

Committee  on  Inviting  the  Clergy  : 

G.  M.  Wickliffe,  of  Orleans,  chairman  ; 
J.  Mushaway,  of  Orleans,  P.  E.  Valfroit, 
of  Ascension. 

The  committee  to  wait  on  Gen.  Mower: 

J.  Deslonde,  chairman;  J.  Lynch,  of 
Morehouse,  A.  Donato,  of  St.  Landry,  N. 
Schwab,  of  Jefferson,  S.  Jones,  W.  L. 
McMiUen,  of  Carroll. 

The  chairman  of  the  Committee  on  Eules 
and  Eegulations  offered  the  foUo^ving  re- 
port : 

EEPOET. 

The  Committee  on  Eules  and  Eegulations 
beg  to  report  back  the  resolution  introduced 
by  the  honorable  member  from  Orleans 
with  the  recommendation  that  it  be  indefi- 
nitely x3ostx3oned. 

Mr.  Vandergriff,  of  St.  Martin,  moved 
that  the  rei^ort  be  received  and  adopted. 
Carried. 

Mr.  Wickliffe,  of  Orleans,  moved  that  the 
rule  6  of  the  regulations  be  amended.  Lost. 

P.  B.  S.  Pinchback,  of  Orleans,  moved 
that  100  copies  of  the  rules  and  regulations 
be  printed  for  the  use  of  the  members. 

Mr.  Belden,  of  Orleans,  moved  to  amend 
to  200. 

The  resolution  as  amended  was  adopted. 

Mr.  Bertonneau,  of  Orleans,  moved  to  re- 
consider the  vote  on  the  adoption  of  rules 
and  regulations. 

Mr.  Cooley,  of  Point  Coupee,  moved  to  lay 
the  resolution  on  the  table. 

Carried — ayes  38,  nays  37. 

Mr.  Wickliffe,  of  Orleans,  offered  the  fol- 
lowing resolution : 

Resolved,  That  every  member  of  this  Con- 
vention who  shall  not  be  present  at  roll-call 
of  each  day,  at  the  opening  of  its  session, 
shall  forfeit  liis  per  diem  for  that  day,  and 
it  shall  be  the  duty  of  the  Secretary  to  keep 
an  exact  account  of  the  absentees  on  such 
occasions,  and  furnish  the  same  to  the 
Treasurer  or  other  person  that  may  be 
authorized  to  pay  the  members  their  salary. 

"Which  was  withdrawn  by  the  mover. 


Mr.  Barrett,  of  Union,  offered  the  follow- 
ing resolution: 

Resolved,  That  the  Convention  now  pro- 
ceed to  choose  seats  permanently  by  lot, 
drawing  by  delegation. 

Laid  over  under  the  rules. 

Mr.  Wickliffe,  of  Orleans,  moved  that 
when  this  Convention  adjourn  it  ad- 
journ to  meet  on  Friday,  at  11  o'clock 
A.  M.  Adopted. 

Mr.  Belden,  moved  to  adjourn.  Lost. 

Mr.  In  graham,  of  Caddo,  moved  that 
this  Convention  proceeij  to  elect  the  re- 
maining officers  necessary  to  perfect  its 
organization.  Adojoted. 

W.  H.  McMiUen,  of  Corroll,  nominated 
H.  J.  Campbell,  as  Minute  Clerk  of  this 
Convention. 

Mr.  Lynch,  of  Morehouse,  moved  that 
his  election  be  made  by  acclamation. 
Adopted. 

Mr.  Campbell  was  unanimously  elected 
Minute  Clerk  of  this  Convention. 

Wm.  H.  Cooley,  of  Point  Coupee, 
moved  to  go  into  an  election  of  two  assist- 
ant Sergeant-at-Arms.  Adopted. 

The  following  "i;^  gentlemen  were  nom- 
inated. 

J.  W,  Davis,  Oliver  Scott,  N.  ViUere, 
Y/aUace  E.  Gardette,  J.  H.  Flag,  J.  A. 
Craig,  J.  B.  Jourdpin,  S.  Kain,  J.  W. 
Yance,  William  H.  Horners,  P.  K. 
O'Connor,  Wm.  Scott,  Ys^.  CoUins. 

Mr.  Smith,  of  Orleans,  moved  that  the 
candidate  receiving  the  highest  number  of 
votes  be  declared  elected.  Adopted. 

Mr.  Moses,  of  Orleans,  moved  that  three 
tellers  be  appointed.  Adopted. 

The  President  appoints  Mr.  Smith,  of 
Orleans,  Morris,  of  Ascension,  Snaer,  of 
St.  Wartin. 

First  balloting: 

J.  M.  Davis  received  81  votes  ;N.  Yillere 
received  21  votes;  E.  Gardette  received  21 
votes;  C.  C.  Morgan  received  1  vote;  W. 
H.  Horners  received  7  votes;  W.  Scott  re- 
ceived 3  votes;  S.  Kain  received  7  votes; 
J.  W.  Yance  received  8  votes;  Alexander 
Scott  21  votes;  J.  W.  Wallace  received  3 
votes;  W.  ColKns,  received  3  votes;  J.  H. 
Flag  received  2  votes;  J.  A.  Craig  received 
2  votes. 

J.  M.  Davis  was  declared  elected  Assist- 
ant Sergeant-at-Arms. 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


II 


There  being  tliree  candidates  liaving  re- 
ceived the  same  number  of  votes,  on  mo- 
tion of  S.  Belden,  of  Orleans,  the  Conven- 
tion proceeded  to  ballot  for  a  second  Aji- 
sistant  Sergeant-at  Arms. 

Mr.  Cooley,  of  Point  Coupee,  moved  that 
the  three  highest  be  voted  for.  Adopted. 

Second  balloting  : 

Alex.  Scott  received  28  votes;  E.  Gardette 
received  38  votes  ;  N.  Yillere  received  21 
votes. 

E.  Gardette  was  declared  elected  second 
Assistant  Sergeant-at-Arms. 

Mr.  McMiilen,  of  Carroll,  moved  to  elect 
an  Assistant  Secretary.  Carried. 

A.  Bertonnean,  of  Orleans,  nominated  J. 
Sarta. 

Mr.  McMiilen,  of  Carroll,  nominated  H. 
Carstens. 

E.  I.  Cromwell,  of  Orleans,  nominated 
Thos  B.  Yv^aters. 

P.  B.  S.  Pinchback,  of  Orleans,  was  ap- 
pointed teller,  in  the  place  of  Ghas.  Smith, 
of  Orleans. 

Pirst  balloting : 

J.  Sarta  received  31-  votes  ;  Waters  re- 
ceived 25  votes;  Carstens  received.  23  vot?3: 
J.  L.  xMontien  received  1  vote;  Mr.  Saghee 
received  2  votes. 

No  candidate  having  received  a  majority 
there  was  no  election. 

On  motion  of  Jos.  Deslonde,  of  Saint 
John  Baptist,  the  Convention  adjourned  to 
meet  on  Fridciy,  November  29th,  1867,  at 
11  o'clock  A.  M. 

A  true  copy  : 

WM.  YIGEES,  Secretary. 

PIPTH  DAY. 

NOVEMBEE  29,  1867. 

The  Convention  met  at  11  o'clock  a.  m. 

On  motion   of    Mr.    Eagan,    of  Brit^:^ 
Eouge,  Mr  Ingraham,  Caddo,    vvas  c 
to  the  chair  in  the  absence  of  the  President. 

The  roll  was  called. 

The  following  delegates  answered  to  their 
names  : 

Antoine,  .  Baker,   Belden,  Bertonnean, 
BlackbuTD,  Blandin,  Boii',eigneur,  Boniie- 
loi,  Brown,  Burrell,  Butier,  Crane,  Crom- 
well, Cuney,  Dearing,  Demarest,  Depa^-' r  - 
P.  G.    Deslonde,  J,    Deslonde,  Don 
Drinkard,  Dupart,  G.  Dupart,  Dupl.  - 
Esnard,  Francois,  FuUer,  Fergusonr  Gair, 


Gardiner,  Gould,  Guichard,  Harper, 
Harris,  Hemj^stead,  Hiestand,  Ingi-aham, 
IsabeUe,  Thos.  IsabeUe,  Jackson,  Jones, 
Xelso,  Landers,  Lange,  Leroy,  Le^^ds,  E. 
iicwis,  Ludeling,  Lynch,  Marie,  Martin, 
Massicot,  Meadows,  McLeran,  Milton, 
Moses,  Murrel,  Mushaway,  Myers,  New- 
sham,  Oliver,  Packard,  Pierce,  Pinchback, 
Poindexter,  Pollard,  Eeagan,  Eeese,  Eiard, 
Piiggs,  Eoberts,  Eodrigu.ez,  Schwab,  Smith, 
Snaer,  Scott,  Snider,  Steele,  Thibaut,  Tin- 
chant,  Tmtchel,  Underwood,  Yalfroit, 
YandergTiff,  Yidal,  Waples,  WicHiffe, 
Y/illiams,  YTison — 88  members  x^resent. 

Prayer  vras  offerred  by  the  Eev.  Maistre. 
The  minutes  of  yesterday  were  read  and 
api^roved. 

Mr.  Yandergi'iii,  of  St.  Martin  parish, 
moved  to  invite  Maj.  Gen.  Y'infield  Hancock 
and  staff  to  visit  the  Convention,  and  that 
a  committee  of  seven  be  appointed  by  the 
chair  to  wait  u]oon  the  Major  General  and 
inform  him  of  the  action  of  the  Conven- 


Mr.  Smith,  of  Orleans,  moved  to  amend, 
by  including  the  name  of  G  overnor  Flan- 
ders, The  amendment  was  accepted  and 
the  motion  as  amended  was  adopted. 

Mr.  Demarest,  of  St.  Mary,  moved  that 
the  Commissioners  of  the  recent  election, 
under  the  Military  Eeconstruction  Bill, 
shall  receive  the  same  pay  per  diem  for 
their  two  days'  services  as  the  members  of 
this  Convention. 

Mr.  Newsham,  of  Y7est  Feliciana,  moved 
that  it  lie  on  the  table,  which  was  lost. 

Mr.  Lynch,  of  Morehouse,  moved  it  be 
referred  to  the  Committee  on  Contingent 
Expenses,  which  Vv^as  carried. 

Mr.  Brown,  of  Xljer^ihe,  moved  that  there 
be  allowed  to  each  delegate  four-  newspapers, 
to  be  selected  by  himself,  which  on  motion 
;f  Mr.  Y^ickliffe,  of  Orleans,  was  laid  on  the 

Me. 

Mr.  Newsham,  of  Y'est  Feliciana,  moved 
j  that  the  Sergeant-at-Arms  be  instructed  to 
I  place  a  copy  of  each  daily  newspaper  upon 
,  the  desk  of  each  member  of  the  Conven- 

'  ;ion. 

j'Tr.  Underwood,  of  St.  James,  moved 
1         'he  Sergeant-at-Arms  be  instructed  to 
'  L  member  of  the  Convention  with 
^  ^.^^    „  .iic  following  named  pa^^ers,  viz: 
i  '".Che  New  Orleans  Eepublican, Tkibl^e,  AdYo-< 


12 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


cate  and  Picayune,  which  on  motion  of  Mr. 
Cooley,  of  Point  Coui^ee,  was  laid  on  the 
table. 

Mr.  Tinchant,  of  Orleans,  moved  that  the 
Sergcant-at-Ai-ms  be  instructed  to  cause  the 
United  States  flag  to  be  hoisted  on  top  of 
this  building  from  sunrise  until  sunset  every 
day  during  the  session  of  this  Convention, 
which  was  adoi^ted. 

President  Taliaferro  took  the  chair. 

Mr.  Blackburn,  of  Claiborne,  offered  the 
following  resolution  : 

Resolved,  That  any  member  of  this  Con- 
vention may  have  the  privilege  to  imite. 
temporarily,  within  the  bar  or  to  his  own 
desk,  a  visiting  friend,  which  lays  over 
under  the  rules. 

Mr.  Newsham,  of  West  Feliciana,  moved 
that  the  recent  removals  by  Gen.  Mower  of 
State  officials;  who  had  been  chosen  to  their 
respective  offices  as  a  reward  for  their  ser- 
vices to  the  rebellion,  meet  the  approval  of 
this  Convention  as  wise  and  patriotic. 

Resolved,  That  attested  copies  of  these 
resolutions  be  telegrax3hed  at  once  to  Gen. 
Grant,  Senator  Wade  and  Speaker  Colfax. 
Adopted. 

Mr.  Newsham,  of  Yv^est  Feliciana,  moved 
that  the  Sergeant-at-Arms  be  instructed  to 
lay  a  copy  of  each  loyal  paper  in  the  city  of 
New  Orleans  upon  the  desk  of  each  member 
of  the  Convention. 

Mr.  Cooley,  of  Point  Poupee,  moved  to 
amend,  leaving  the  choice  of  the  papers 
to  each  member. 

Mr.  Belden,  of  Orleans,  suggested  that 
the  hour  had  arrived  for  taking  up  the 
order  of  the  day.  Adopted. 

Mr.  Nev/sbam,  of  West  Feliciana,  moved 
that  the  Sergeant-at-Arms  be  instructed  to 
place  seats  or  benches  in  the  lobby  of  the 
Convention  for  the  accomodation  of  persons 
visiting  this  Converitiou.  Adopted. 

Mr.  Newsham,  of  West  Feliciaua,  rose  to  a 
question  of  privilege  to  inquire  if  after  a 
resolution  was  in  the  hands  of  the  Secretary 
the  mo^-er  could  have  the  privilege  of  with- 
drawing it  to  offer  again  in  the  shape  of 
motion.  The  chair  decided  the  question 
in  the  negative. 

Mr.  Crawford  moved  to  proceed  to  con- 
siderntir^rs  of  the  unfinished  business  of  the 


Mr.  Keagan,  of  West  Baton  Rouge,  ofifered 
the  following  resolution  : 

Whereas,  The  peculiar  and  nnprece- 
dented  nature  of  the  new  element  which  is 
now  merging  into  legitimate  form  is  des- 
tined soon  to  become  the  law  and  law-mak- 
ing power  of  the  State  ;  and 

Whekeas,  'I'he  dilapidated  condition  cf 
all  the  ressources  of  the  State  by  the  ravages 
of  war  has  greatly  obstructed  many  of  the 
avenues  of  information  ;  and 

Whekeas,  It  is  reasonably  apprebend^d 
that  great  effort  wid  be  made  to  prevent 
the  adoption  of  the  Constitution  to  be  sub- 
mitted by  the  Convention  to  the  people,  by 
the  combined  powers  of  the  Conservative 
press,  by  great  machinations,  and  by  open 
violence  ;  and 

Wheeeas,  It  is  deemed  by  this  Conven- 
tion indispensably  necessary  that  all  the 
sources  and  instrumentalities  within  the 
contrel  of  this  body  should  be  used  for  the 
purpose  of  effecting  a  thorough  dissemina- 
tion of  our  proceedings  and  the  result  of 
our  deliberations  among  the  people  of  this 
State,  therefore  be  it 

Resolved,  That  the  proprietors  of  the 
New  Orleans  Republican  be  and  they  are 
hereby  employed  to  publish  regularly  the 
proceedings  of  this  Convention,  for  which 
they  shall  be  paid  by  the  State  on  a  war- 
rant from  the  Convention,  signed  by  the 
President  and  Secretary,  a  compensation 
pro  rata  with  the  established  custom  of 
printing. 

Laid  over  under  the  rules. 

Mr.  Belden  moved  to  take  up  the  order 
of  the  day.  Adopted. 

The  order  of  the  day  was  taken  up,  and 
the  Convention  proceeded  to  the  election  by 
ballot  of  an  Assistant  Secretary.  Messrs. 
Belden,  of  Orleans,  Butler,  Bro-wm,  of  Iber- 
ville, were  appointed  as  tellers. 

Upon  the  first  baUot,  T.'  B.  Yv^aters  re- 
ceived forty-five  (45)  votes. 

J.  Sarta  received  thirty-nine  (39)  votes. 

W.  H.  Carstens  received  twelve  (12)  votes. 

J.  M.  WeUs  received  one  (1)  vote. 

And  Mr.  Y^aters  was  declared  duly  elected. 

R.  I.  Cromwell,  of  Orleans,  asked  for  a 
suspension  of  the  rules  to  offer  a  resolution. 

Mr.  Wickliffe,  of  Orleans,  rose  to  a  point 
of  order,  and  called  for  the  announcement 
of  the  standing  committees. 

Mr.  Barrett,  of  Union,  rose  to  the  follow- 
ing point  of  order:  That  resolutions  lying 
over  from  yesterday  were  now  the  order  of 
tlie  day  I  which  hdn^  deeidGd  i\Mm^\\m-^ 


JOUEKAJG  OF  THE  CONSTITUTIONAL  CONVENTION. 


13 


by  the  cliair,  the  follc^dng  resolution  mis 
recad : 

Rpso^.red,  That  this  Convention  now  pro- 
ceed to  choose  seats  iDermanently  by  lot, 
cli'a^dng  by  delegations. 

^^.liich  was  adopted. 

Mr.  WickHlfe,  of  Orleans,  moved  that  the 
name  of  each  delegation,  including  the  five 
districts  of  Orleans,  be  written  on  a  slii?  of 
paper,  that  the  Sergeant-at-Arms  draw,  a<nd 
each  delegate  shall  select  seats  as  drawn 
from  the  box.  The  Convention  then  pro- 
ceeded to  assign  the  seats,  after  which  a  re- 
cess of  fifteen  minutes  was  taken,  at  the 
expiration  of  which  the  Convention  "vras 
called  to  order,  and  the  President  announced 
the  aj^pointment  of  thstanding  committees 
as  follows: 

Legislative  Department — J.  L.  Barrett, 
chairman ;  John  Lynch,  T.  S.  Craw^'ord, 
J.  B.  Deslonde,  Solomon  Moses,  A.  Ber- 
tonneau  and  S.  B.  Packard. 

Executive  Department — Wm.  McMillen, 
chairman ;  S.  Belden,  Fielding  Edwards, 
J.  H.  Landers,  Curtis  Pollard,  Emile  Bon- 
nefoi,  Geo.  Y.  Kelso,  J.  B.  YandergTiff  and 
D.  H.  Reese. 

Judiciary — J.  P.  Ludeling,  chairman ; 
R.  Y'aples,  A.  X.  Gould,  Wm.  R.  Meadows, 
Thomas  P.  Harrison,  Geo.  W.  Dearing  Jr.. 
and  Y^  H,  Cooley. 

General  Provisions — Thomas  Crawford, 
chairman:  Charles  Leroy,  L.  M.  Baker,  R. 
I.  Cromwtll;  P.  \r.  G-^ardner,  Y"m.  H. 
Cooley.  Tno.  L.  Ludehng. 

Ordinance  and  Schedule — Rufus  Y-^aples, 
chairna'^-  J.  P._Newsham,  T.  S.  Crawford, 
Yr.  E.  ^  .!no.  L.  Ludeling,  Jno.  L. 
Borrei-     ,  _  den. 

On  Enrollment — J.  B.  Yandergriff,  chair- 
man; Sothene  Snaer,  Napoleon  Undervrood, 
J.  ''  '    ^  •;.■*.  McLerau. 

Blackliurn,  chairman: 
Mi.i:.'i     \id:;l,_  ._:iark-s   Thibaut,  Y^  H! 

[i.  Cunev,  Yr.  E.  Tvvitchel, 


Eiestand,  S 
Y7m.  Brown. 

Einance— n.  " 
s.  Harri>.  J.  G.  : 
Y^.  L.  McMillen 

Militia— P.  ^. 
C.  Antoine.  Si 


;ini: 


-l^r.  chadrman;  J]io. 
:d,  Jno.  L.  Barrett, 


Pinckback,  chairman;  C. 
.v-n  Jones,   N.  Schawb, 
"T.    Isabelle,  Yictor 
'  lilcon  Morris,  Y"m. 
Jno.  Gair,  Y^  R. 


Cra- 
P' 
m.cii 
T  ^ ) 


■.  iAUlUS 

Jb  L.  Rv...., 

'b';-  Education — John  Lynch,  chair- 
,;olin  L.  Barrett.  H.  Bonseigueur,  A. 
arnavd,   O.   C.  Blandin,  Y'm.  Butler, 
lis  Burred,  A:  J,  P^aajg^'egt,  1^  D§s- 


londe,  David  Douglas,  Theophile  Myers, 
Peter  Hai'per,  G.  Snider. 

Internal  Improvement — H.  R.  Steele, 
chairman;  J.  Lynch,  Fielding  Edwards, 
Thos.  P.  Harrison,  Jos.  C.  Oliver,  Fortune 
Riard,  Frederic  Marie. 

Bill  of  Rights — Jas.  H.  IngTaham,  chair- 
man; John  Scott,  Gustavus  Dupart,  D. 
Y^ilson,  Henderson  Y^illiams,  John  Pierce, 
C.  B.  H.  Duplessis,  Geo.  Yv^.  Reagan,  D.  D. 
Riggs. 

Contingent  Expenses — H.  G.  Bonsei- 
gneur,  chairman ;  S.  Belden,  M.  Yidal,  J.  B. 
tisnard,  O.  N.  Gould. 

Draft  on  the  Constitution — Y"".  Cooley, 
chairman;  Thos.  S.  Crawford,  Jno.  S. 
Ludeling,  Rufus  Y^aples,  Y^.  L.  McMillen, 
Charles  Leroy,  P.  E.  Yalfroit,  J.  A.  PI. 
Roberts,  J.  H.  Ingraham. 

Mr.  Y^icklifi'e,  of  Orleans,  requested  to 
be  excused  from  serving  on  the  Committee 
on  Enrollment,  which  request,  on  motion  of 
Mr.  Cooley,  of  Point  CouxDoe,  was  granted, 
and  Mr.  Ingi-aham,  of  Caddo,  api^ointed  in 
his  place. 

Mr.  Cravi-ford,  of  Caldwell,  announced 
that  Mr.  Harrison,  member  of  the  Conven- 
tion from  Morehouse,  had  just  arrived  in 
the  city,  and  was  coDfined  to  his  room  from 
illness,  and  moved  that  he  be  granted  leaTe 
of  absence  until  his  recovery.  Granted. 

The  President  announced  the  appoint- 
ment of  the  follo-^dng  named  pages  to  the 
Convention:  Le^^is  C.  Daniell,  Alexander 
Armstrong,  Edward  Simpsou,  J.  L.  Dupart. 

Mr.  McMillen,  of  Carroll,  sent  to  the 
Secretary's  desk  the  following  ordinance,  and 
moved  that  it  be  made  the  special  order  of 
the  day,  for  Monday,  at  10  o'clock  a.  3I.  , 
which  was  so  ordered: 

Be  it  ordained  hy  tlie  people  of  tlie  State  of 
Louisiaiia  in  Convention  assemhlecl.  That  the 
act  of  the  Legislatiu'e  of  this  State,  ai3- 
proved  the  26th  of  March,  1867,  entitled 
"An  act  to  pro-sude  means  for  the  construc- 
tion of  levees  by  the  issue  of  bonds  of  the 
State  for  fourmiUionsof  dollars,  and  to  pro- 
vide for  the  redem^jtion  of  said  bond'^,"'  is 
hereby  ratified  and  confirmed,  and  the  said 
bonds,  when  issued,  whether  signed  by  the 
persons  then  acting  as  Governor  and  Secre- 
tary of  State  of  the  State,  or  by  the  persons 
now  acting  and  discharging  the  duties  of 
Governor  and  Secretary  of  State,  shall  have 
full  force  and  efiect,  and  the  faith  of  the 
State  for  their  redemption  as  pledge^!  and 
provided  in  said  act  shall  for^vs^r  V>f  h^Ci 

,  valid  aad  qI  iv^  gff^et, 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Mr.  Isabelle,  of  Orleans,  offered  the  fol- 
lowing resolution  : 

Whereas,  The  disasters  visited  upon  the 
peoplo  of  Louisiana,  by  the  overflow,  the 
ei^idemic,  the  disorganized  condition  of 
money  matters  in  this  Gommonv/ealth,  have 
cpiused  much  suffering  in  the  cotton  grow- 
ihg  community,  and  especially  among  the 
freedmen  ;  and 

Whereas,  The  tax  on  cotton  now  en- 
forced by  the  United  States  Government 
falls  heavy  upon  the  i^oorer  classes  of  our 
people  ;  therefore  be  it 

Kesolved,  By  the  people  of  Louisiana  in 
convention  assembled,  that  while  we  are 
willing  and  anxious  to  support  our  National 
Government,  yet  we  have  experienced  that 
our  x>eople  are  unable  to  pay  the  heavy  tax 
collected  on  cotton  raised  in  this  State; 
therefore,  we  petition  and  urge  upon  Con- 
gress to  rei^eal  or  modify  the  said  tax  on 
cotton. 

Resolved,  That  copies  of  these  resolu- 
tions and  petition  be  immediately  sent  to 
the  President  of  the  Senate  and  Speaker  of 
the  House  of  Eepresentatives  of  the  United 
States. 

Adopted  and  passed  on  its  second  read- 
ing, under  a  susx3ension  of  the  rules. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
suspend  the  rules  that  the  resolution  pass  to 
its  second  and  final  reading,  v/hicli  was  car- 
ried, and  the  resolution  upon  its  second 
reading  v/as  adopted. 

Mr.  Wickliffe,  of  Orleans,  moved  that  one 
hundred  copies  of  the  ordinance  offered  by 
Mr.  McMillen,  be  printed  for  the  use  of  the 
Convention.  Carried. 

Mr.  Isabelle,  of  Orleans,  offered  the  fol- 
lowing amendment. 

Resolved,  That  this  amendment  be  added 
to  rule  3,  of  the  rules  and  regulations  of 
the  Constitutional  Convention  of  the  people 
of  Louisiana,  viz:  first  ascertaining  if  the 
Convention  is  ready  for  the  question, 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
la}^  it  on  the  table.    Motion  lost. 

Mr.  J.  Deslonde,  of  St.  John  Baptist, 
moved  to  adjourn.  Lost. 

Mr.  Crawford  rose  to  a  point  of  order, 
that  the  amendment  under  the  rules  should 
lie  over. 

The  President  ruled  the  amendment  in 
order. 

Mr.  E.  H.  Isabelle,  of  Orleans,  called  for 
the  previous  question  which  was  ordered  by 
a  Yote  of  47  ayes  and  29  uays,  aa(i  tlie 


question  being  put  upon  the  amendment  it 
was  declared  by  the  President  to  be  adopted. 

On  motion  the  Convention  adjourned 
until  to-morrow  at  11  o'clock. 

A  true  copy  : 

WM.  YIGERS,  Secretary. 

SIXTH  DAY. 
New  Orleans,  November  30,  1867. 

The  Convention  met  at  11  o'clock  a.  m. 

President  Taliaferro  in  the  chair. 

The  roU  was  called  and  the  following 
members  answered  to  their  names : 

Antoitie,  Baker,  Belden,  Blandin,  Bon- 
seigneur,  Bonnefoi,  Batler,  Cooley,  Craw- 
ford, CromweU,  Cuney,  Dearing,  Dux^as- 
seau,  E.  G.  Deslonde,  Douglas,  N.  Dupart, 
Francois,  Ferguson,  Gair,  Gardiner,  Gui- 
chard,  Harris,  Hempstead,  Ingraham,  Isa- 
belle, Thos.  Isabelle,  Jones,  Kelso,  Lange, 
Leroy,  Lewis,  E.  Lewis,  Ludeling,  Marie, 
Martin,  Massicot,  Meadows,  McLeran,  Mor- 
ris, Moses,  Murrel,  Myers,  Newsham,  Oli- 
ver, Packard,  Pierce,  Pinchback,  Poindex- 
ter,  Pollard,  Eeagan,  Eeese,  Eiard,  Eiggs, 
Eodriguez,  Schwab,  Smith,  Scott,  Snider, 
Twitchel,  Underwood,  Valfroit,  Vander- 
griff,  Yidal,  Waples,  Wickliffe,  Williams, 
Wilson — 68  members. 

The  minutes  were  read.  Mr,  Newsham,  of 
West  Feliciana,  asked  that  the  nam.e  of  his 
parish  be  correctly  stated. 

Mr,  Belden  asked  that  they  be  corrected 
in  their  statement  of  a  motion  being  made 
by  him  to  lay  on  the  table  certain  matters. 
They  were  also  amended  by  inserting  the 
axDpointment  of  Mr.  Ingraham  on  the  Com- 
mittee of  Enrollment,  vice  Mr.  Wickliffe 
dechned.  The  minutes  as  corrected  Avere 
approved. 

The  following  resolution  was  read  : 

Resolved,  That  rule  47  is  hereby  so  amend- 
en  as  to  read  the  words  "Minute  Clerk," 
' 'Warrant  Clerk, "  and  after  the  Avords  "Offi- 
cial Printer"  a  "Postmaster." 

(Signed)  Geo.  W.  Eeagan. 

Mr.  Eagan,  of  East  Baton  Eouge,  moved 
to  adopt. 

Mr.  Wickliffe,  of  Orleans,  moved  to 
amend  by  adding  the  words  ' '  Chief  En- 
rolling Clerk."  The  resolution  was  laid 
over  under  the  rules. 

The  folloAving  resolutions  lie  over  under 
the  rules : 

,   3y  Mr.  WickHffe,  of  Orleans : 


JOTJBNAL  OF  THE  CONSTITUTIONAL  CONVENTION, 


15 


Resolved,  That  notliing  whatever  shaUi 
be  purchased  by  the  Sergsat-at-Ai-ms  or! 
any  one  else  for  the  use  of  this  Convention,  i 
nor  shall  any  appropriation  be  allowed  for 
any  actual  or  contingent  ex^Denses  unless 
duly  authorized  by  a  regular  vote  of  this 
Convention. 

By  Mr.  E.  H.  Isabelle,  of  Orleans  : 

Resolved,  That  a  standing  committee  of 
thirteen  be  appointed  by  the  chair  to  be 
kno^Ti  as  the  Committee  on  the  Mode  of 
Eevising  the  Constitution  af  the  State  of 
Louisiana. 

By  Mr.  Smith,  of  Orleans : 

Resolved,  That  a  s^Decial  committee  to  be 
comx)osed  of  three  members,  be  appointed 
by  the  chairman  to  consider  and  report  to 
this  Convention,  the  present  condition  of 
the  levees  in  the  State,  what  progres  has 
been  made  by  the  existing  Board  of  Levee 
Commissioners  in  negotiating  the  bond 
appropriated  by  the  State  Legislature  for 
levee  purposes,  and,  also,  what  action  is 
expedient  for  this  Convention  to  adopt  in 
relation  thereto,  and  to  lay  before  Con- 
gress the  necessities  of  national  aid  in  re- 
storing the  levees  on  the  Mississix^pi  river. 

Resolved  further,  That  the  said  commit- 
tee be  instructed,  if  practicable,  to  bring 
in  the  report  on  Monday  next. 

Mr.  Smith,  of  Orleans,  rose  to  a  point  of 
order  to  inquire  if  a  resolution  offered  yes- 
terday and  lying  over  under  the  rules  does 
not  come  u^d  for  the  action  of  the  Conven- 
tion to-day. 

The  chair  decided  that  the  resolution 
lies  over  subject  to  call  after  the  transaction 
of  the  regular  business  of  the  morning. 

Kesolution  of  Mr.  Cromvvell,  of  Orleans. 

1.  Resolved,  That  we,  the  representattves 
of  the  loyal  people  of  Louisiana,  in  Con- 
vention assembled,  are  thankful  to  Al- 
mighty God  for  the  success  of  the  Eadical 
Bepublican  party  in  this  State.  We  hold 
the3e  truths  to  be  seli-eAT.dent  that  all  men 
are  created  equal,  endowed  with  certain 
inahenable  rights  and  therefore  the  lav,- 
should  afford  equal  protection  to  all  the 
exercise  of  these  ciril.  jv/hlic,  pohtical  and 
religious  rights,  and  insure  perfect  equality 
under  the  Idw. 

2.  Resolved,  That  this  State  shall  be  gov- 
erned, controlled  and  directed  by  those 
who  served  it  in  times  of  its  peril,  and  who 
seek  to  preserve  it  with  friendly  hands 
from  its  foes. 

3.  Resolved,  That  rebellion  is  disfranchise- 
ment and  armed  attempts  to  overthow  our 
government,  to  secure  negro  slavery  is 
treasonable  expatriation;  and  we  do  en- 


dorse the  acts  of  the  39th  and  40th  Con- 
gress, and  will  reconstruct  Louisiana  u^Don 
the  basis  of  the  Eeconstructicn  Bill. 

4.  Resolved,  That  we  are  friendly  to  uni- 
versal liberty,  but  no  universal  amnesty; 
but  the  continuance  of  disfranchisement  of 
all  Congress  has  and  all  others  we  may 
think  necessary  for  the  safety  of  our  com- ' 
mon  country,  and  the  freedom  of  the  negro 
race. 

Laid  over  under  the  rules. 

The  following  resolutions  lie  over  under 
the  rules  : 

By  Mr.  Wickliffe,  of  Orleans  : 

Resolved,  That  a  committee  of  thii'teen  be 
apiDointed  by  the  President  of  this  Conven- 
tion, to  whom  shall  be  referred  the  subjects 
of  a  preamble  for  the  Constitution,  eman- 
cipation, the  distribution  of  powers,  and 
federal  relations,  with  instructions  to  re- 
port as  early  as  po.r-.>it;>l'?,  and  such  articles 
as  may  be  deemed  proi3er  to  incorporate  in 
the  Constitution  on  these  subjects. 

By  Mr.  WickJiffe,  of  Orleans  : 

Resolved,  That  a  committee  of  seven,  on 
style  and  arrangement,  be  appointed  by 
the  chair,  to  whom  shall  be  committed  the 
duty  of  gi^-ing  proper  and  formal  expres- 
sion to  all  articles  for  the  Constitution  that 
may  be  adopted  by  this  Convention,  and 
properly  arrange  the  various  articles  and 
subjects  under  the  i^roi^er  titles  and  in  their 
proper  order,  and  it  shah  be  the  duty  of 
this  committee  to  take  charge  of  all  articles 
of  the  Constitution  as  fast  as  adopted  by 
the  Convention,  and  thus  expedite  the 
general  expression  and  arrangement  of  the 
Constitution. 

By  Mr.  Wxlson,  of  Orleans : 

ri'.EAMBLE. 

We,  the  loyal  people  of  the  State  of  Louis- 
iana, in  order  to  form  a  raore  x^erfect 
Union,  to  establish  justice,  domestic  hai3- 
piness  and  to  provide  for  the  common  de- 
fense and  promote  the  general  vreliare  of 
all  citizens,  and  to  secure  liberty  to  our- 
selves and  our  iDOsterity  and  to  all  citizens  of 
every  r'^ce  and  color,  vitlicut  rc;.r;it  1  t(  ;  i pre- 
vious condition,  do  ordain  and  esta].ili>,h 
this  the  Constitution  for  the  State  of  Louis- 
iana. 

Mr.  Moses,  of  Orleans,  moved  that  two 
messengers  be  elected  to  perform  such 
duties  as  the  Convention  should  require  or 
direct.    Laid  on  tlie  table. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
repeal  the  vote  of  Monday  Vv-hicli  provided 
for  the  opening  of  each  session  of  the  Con- 
Yentiou  ^ith  prayer.    Laid  on  the  table, 


16 


JOIJBNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Mr.  Blackburn,  of  Claiborne,  offered  the 
following  resolution  : 

Resolved,  As  the  will  of  this  Convention 
that  its  first  great  and  paramount  duty  is  to 
frame  a  State  Constitution  to  present  to  the 
peo^jlo  for  their  ratiticaction  or  rejection 
and  that  all  minor  business  be  dispensed 
with  till  this  much  needed  work  is  ac- 
complished.   Laid  over  under  the  rules. 

Mr.  Ingi-aham,  of  Caddo,  offered  the  fol- 
lowing resolutions : 

EXEMPTIONS. 

Section  1.  The  personal  i)i"operty  of 
every  resident  of  this  State,  to  consist  of 
such  projjert}^  only  as  shall  be  designated 
by  law,  shall  be  exempted  to  the  amount  of 
five  hundred  dollars  from  sale  on  execution 
or  other  final  process  of  any  court,  issued 
for  the  collection  of  any  debt  contracted 
after  the  adoption  of  this  Constitution. 

Sec.  2.  Every  homestead  of  eighty  acres 
of  land  and  the  dwelling  houses  thereon, 
and  the  appurtenances  to  be  selected  by  the 
OAraer  thei'eof  and  not  included  in  any  town 
plat,  city,  or  village,  or  recorded  town  plat, 
or  siich  parts  of  lots  as  shall  equal  thereto 
and  the  dwelling  house  thereon  and  its  ap- 
purtenances owned  and  occupied  by  any 
resident  of  the  State,  not  exceeding  in  value 
one  thousand  dollars,  shall  be  exempt  from 
forced  sale  on  execution  or  any  other  final 
process  from  a  court  for  any  debt  contracted 
after  the  adoption  of  this  (Jonstitution. 
Such  exemption  shall  not  extend  to  any 
m-ortgage  thereon  lawfully  obtained,  but 
such  mortgage  or  other  alienation  of  such 
land  by  the  owner  thereof,  if  a  married  man, 
shall  not  be  vaHd  without  the  signature  of 
the  wife  to  the  same. 

Eeferred  to  the  Committee  on  the  Judi- 
ciary. 

IVIATEIMONY. 

Section  1.  All  iDcrsons  who  were  formerly 
debarred  by  slavery  from  legally  contract- 
ing matrimony  in  this  State,  who  have 
lived  together  as  husband  and  wife  for 
three  consecutive  years  prior  to  the  adop- 
tion of  this  Constitution,  shall  be  deemed, 
after  the  adoj^tion  of  this  Constitution,  in 
all  courts  of  justice,  as  husband  and  wife, 
and  their  ofispring  as  their  legal  heirs  as 
though  said  disability  had  never  existed. 

Eeferred  to  the  Committee  on  the  Judi- 
ciary. 

Section  1.  The  militia  shall  be  com- 
posed of  all  able  bodied  male  citizens  (ex- 
cept such  as  are  disfranchised  by  this  Con- 
stitution) residents  of  this  State,  being 
eighteen  years  of  age,  and  under  the  age  of 
forty  years,  and  shall  be  enrolled  in  militia, 
^nd  j>erform  militia  duty  iu  such  manner, 


not  incompatible  with  the  Constitution  and 
laws  of  the  United  States,  as  may  be  pre- 
scribed by  the  General  Assembly  of  Louis- 
iana. But  persons  whose  religious  opinions 
and  conscientious  scruples  forbid  them  to 
bear  arms,  shall  be  relieved  from  doing  so 
on  jDroducing  to  the  proper  authorities 
satisfactory  proof  that  they  are  thus  con- 
scientious. 

Sec.  2.  The  General  Assembly  shall  pro- 
vide, at  its  first  session  after  the  ado^jtion 
of  this  Constitution,  and  from  time  to  time 
thereafter,  as  the  exigency  may  require,  for 
organizing,  equipping,  and  disciplining  the 
militia  in  such  a  manner,  not  incompatible 
with  the  laws  of  the  United  States,  as  shall 
be  most  effective  to  repel  invasion  and  sup- 
press insurrection,  and  shall  pass  such  laws 
as  shall  i^romote  the  formation  of  volun- 
teer militia  associations  in  the  city  of  New 
Orleans  and  in  every  i3arish,  and  to  secure 
them  such  privileges  or  assistance  as  may 
afford  them  effectual  encouragement. 

Sec.  3.  There  shall  be  an  adjutant  gen- 
eral, who  shall  be  appointed  by  the  Gov- 
ernor by  and  with  the  advice  and  consent 
of  the  Senate.  He  shall  hold  his  office  at  the 
pleasure  of  the  Governor  ;  shall  perforn 
such  duties,  and  shall  receive  such  com- 
pensation as  may  be  fixed  by  law. 

E-ef  erred  to  the  Committee  on  the  Militia. 

By  Mr.  Ingraham,  of  Caddo : 

Abticee.  No  property  cpialification  shall 
be  required  for  any  parish,  municipal 
office  of  honor,  trust,  or  profit  within  the 
State. 

Akticle,  All  registered  voters  shall  be 
ehgible  to  serve  as  jurors,  and  no  lav/  shall 
be  passed  by  the  General  Assembly,  that 
shall  deiorive  any  voter  of  the  right  to  serve 
as  a  juror. 

Aeticle.  No  foreign  or  other  State  lot- 
tery tickets  shall  be  sold  in  this  State.  Tlie 
General  Assembly  shall,  at  its  first  session, 
after  the  adoption  of  this  Constitution,  i:)ass 
such  laws  as  shall  prevent  a  violation  of  this 
provision. 

Akticle.  The  General  Assembly  shall 
est£iblish  a  State  lottery  on  the  Havana  plan 
for  the  support  and  maintenance  of  tlie 
charitable  institutions  of  the  State,  provi- 
ded, that  the  plan  known  as  tlio  "Policy 
Plan,"  shall  not  be  adoj^ted  by  the  Gen-eral 
Assembly.  Eeferred  to  the  Committee  on 
General  Provisions. 

By  Mr.  Ingraham,  of  Caddo  : 
article. 

Section  1.  The  General  Assembly  shall 
provide  by  law  at  its  first  session  after  the! 
adoption  of  this  Constitution,  for  the  estal)-. 
lishment  of  at  least  one  Free  Public  School 
in  every  parish  in  the  State. 


JOUEXAL  OF  THE  COXSTITUTIOXAL  COXYEXTIOX. 


17 


Ssc.  2.  The  children  of  all  the  residents 
of  the  State  shall  attend  school  in  the  same 
schoolhoiises. 

Sec.  3.  The  General  Assembly  may 
commit  the  management  of  the  free  public 
schools,  to  parishes  or  incorporated  cities  ; 
but  no  power  shall  be  vested  or  exercised 
by  any  X3arish  or  corporated  city,  inconsist- 
ant  ^dth  any  pro\'LSion  of  this  Constitution. 

Referred  to  Committee  on  Education. 

By  Mr.  Wilson,  of  Orleans: 

The  Legislature  shall  provide  for  the  or- 
ganizing, arming  and  disciplining  Vne  mil- 
itia for  the  defense  of  the  State,  -v^diich 
shall  be  composed  of  all  loyal  able  bodied 
men  of  every  race  and  color,  between  the 
ages  of  21  aud  45  years,  Vr'ithout  regard  to 
23revious  condition. 

Eef erred  to  Committee  on  Jlilitia. 

Mr.  "vYicklifie  submitted  the  foUovring 
ordinance,  which  was  referred  to  the  Com- 
mittee on  Public  Education: 

Ar.TiCLE  1.  The  Legislature  shall  estab- 
lish free  public  schools  throughout  the 
State,  and  shall  provide  for  their  support 
by  taxation  or  otherwise.  All  children  of 
this  State  between  the  ages  of  six  and 
eighteen,  shall  be  admitted  to  the  public 
schools  in  common,  Vfithout  distinction  of 
race,  color,  or  previous  condition.  There 
shall  be  no  separat-e  schools  e-stablished  for 
any  race. 

Aet.  2.  Xo  municipal  coin^oration  shall 
make  any  rules  or  regulations  contrary  to 
the  spirit  and  intentioa  of  this  Constitation. 

Akt.  3.  The  Sui>erintendent  of  Pubhc 
Education  shall  have  the  supervision  and 
general  control  of  all  private  schools 
tkroughout  the  Stat-o. 

Aht.  4.  Xo  person  shall  establish  a  pri- 
vate school  uideo^;  licenscK:!  by  tho  State,  and 
all  such  schoohi  shall  bo  taxed  oilier  pro- 
fes^sion^i.  Thu  Logiilatiu-e  shall  make  laws 
gov^-ruing  this  e-itiro  subject  in  accordance 
with  the  spirit  of  the  re,^olation. 

Art.  5.  The  general  exercises  in  the  pub- 
lic schools  shall  be  conducted  in  the  English 
language. 

Art.  G.  There  shall  be  elected  a  Super- 
intendent of  Public  Education,  who  shtill 
hold  his  office  for  four  years.  His  duties 
shall  be  prescribed,  and  his  salary  shall  be 
S5000  per  year,  payable  quarterly. 

Art.  7.  The  proceeds  of  all  lauds  here- 
tofore, n.nd  that  wliich  may  hereafter  be 
granted  by  the  United  .States  to  this  St;'ae 
for  the  use  or  piuiDose  of  the  pul:)lic  scIkh.!- 
of  the  State,  an'd  the  jDroceeds  of  tlie  estates 
of  deceased  rjersons  to  which  the  State  may 
become  entitled  by  law.  shall  be  and  tk- 
main  a  perpetual  fund  on  wLieli  the  Staci 
shall  pay  an  annual  interest  of  six  ]3er 
3 


cent.,  which  interest,  together  "^^-ith  the  in- 
terest of  the  trust  fund  deposited  M-ith.  the 
State  by  the  United  States  under  the  act  of 
Congress  approved  June  23,  l^'oo,  and  all 
the  rents  of  the  unsold  iand^j.  shall  be  ap- 
propriated to  the  fcupport  of  such  schools^ 
and  this  appropriatiou  siiall  remain  iii'viola- 
ble. 

Abt.  S.  All  monies  r.^'-cr.:ing  from  tlie 
srdes  which  liitve  been  oi:  may  be  hereafter 
made  of  any  kinds  hereto'  -rt:  granted  by 
the  United  States  to  this  btatt-  for  the  use 
of  a  specific  seminary  of  learning,  or  from 
any  kind  of  doindion  or  '  =  roues':  that  may 
hereafter  be  made  for  tliat  }>iirpose,  shall  be 
and  remain  a  perpetu;;!  fund,  the  interest  of 
v,-hich  at  six  per  cent,  pt^r  aiiiium  shall  be 
a])propriated  to  the  exchisiv-  k'l'neht  of  the 
same  ;  and  no  law  sliall  Ijt-  inadf  diverting 
said  funds  to  any  otli^r  u.-r-  than  to  the 
establishment  and  benetit  of  Sidd  seminary 
of  learning.  The  Legislature  shall  have 
power  to  raise  funds  for  the  organization 
and  support  of  said  seminary  of  learning 
in  such  manner  as  it  may  deem  best. 

Akt.  9.  Xo  appropriation  shall  be  made 
by  the  Legislatui-e  for  the  support  of  any 
private  school  or  institution  of  learning 
v>-hatever. 

Aet.  10.    A  University  shall  be  establish- 
ed and  maintained  in  the  city  of  New  Or- 
leans. It  :-hall  be  composed  of  f. ve  faculties, 
to  %\dt  :  One  of  lavr,  one  of  medicine,'  one  of 
tho  uutural  sciences,  ('Ue  of  letters,  and  one 
()[  industrial  science.  The  Leiri'-kiture  shall 
provide  by  law  for  its  organization  and 
maintenance  :  Pr  /vided,   That  ail  depart- 
'  ni'-nts  of  this  Lcstitution  of  learning  shall 
be  open  in  common  to  all  students  capable 
]  of  matriculating,    without    distinction  of 
:  race,  color,  or  pre^.dous  condiiion.  No  rules 
'  or  regulations  shall  be  made  1  ly  the  tiais- 
tee.5,  i'iictdties,  or  o'ther  of^ir^a--  o.i  said  In- 
stitution, hqy  ehidl  any  laws  l  o  made  by" 


the  Leidslature  violatii; 


]etu-r  or  spirit 


of  this  article,  under  penalty  of  the  annul- 
;  ling  of  the  charter  of  said  Institution, 
i  A^RT.  11.  All  collegejs,  seminaries,  or 
I  schools  of  what  nature  soever  whether 
i  literary,  legal,  medical,  miht-ary,  or  theolo* 
i  gical,  industrial,  authorized  by  the  Legislti 
■  ture,  and  under  the  c<mtrol  of  this  State, 
;  shall  be  open  in  common  to  aU  classes  ai 
•  students,  ^dthout  elistinction  of  race,  colorj 
i  or  previous  condition. 

Mr.  Packard,  of  Orleans,  ni  ,vod  that  thc 
Official  Printer  be  instructed  r  .  iirint  th( 
-several  constitutions  of  tho ~  -  s  "known 
as  tho  free  States  before  tho  r^  -  loilion,"  and 
inrni<li  loO  copko  of  the  same  for  the  use 
of  tl?.o  Convention. 

(    Mr,  Barrett,  oi  Union,  offered  the  follow 


18 

ing  ameiuiia 
ameiidiid  ■  y 
'ha  bo.ii 

m. 

o 

The  - 
Eeagan,  cV 
its  order : 


JOrENAL  OF  THE  CONSTITUTIONAL  CONYENTION. 


^nt:    That  tho  revsoiution  be 
ddiiig  tbat  tliesc  piildicatious 
,...1  ^■ 


m-ndmeui:  on  tlic  tubl 


votes.  Mr.  Ingraham,  of  Caddo,  changed 
his  vole  i'rora  tiye  to  nay 

The  vote  npon  the  motion  to  table  was 
.  moved  to  lay  the  ainiouuced,  42  ayeSj  46  nays,  as  follows  : 

Messrs.  Antoine,  Barrett,  Berton 
Sv'ignenr,  Bonnefoi,  Brovvn,  Bur 
Cooley,  Crane,  Gravv-iord,  Cu- 
1  'st,  Depassean,  Deslonde,  Doug- 
: :  Diipart,  Drrplessis,  Esnarcl, 
.j  diiL.  r,  Harris,  Isabeile.  R.  H., 
:  Mcs-A-s,  Morri 


XY. 


\l  by  Mr 
ime  up  i] 


•ccedent- 
h  is  now 


UlYi 

iiid 
ai>id; 


md  la- 


destined 
-mahinj>" 


Marti 
Bodri 

p\-^s,  Witiihlie,  AVilliams,  Wilson — -12 


Moses,  Roberts, 
Smith,  A^alfroit,  Wa- 


,  it  iS  r.  a.-i 
:io-tswillb( 
tJie  Gonstil 


xNa3\s:  Baker,  Belden,  Blackburn,  Blan- 
din,  Cromwell,  Dearing,  Deslonde  J,  Do- 
j  nato.  Drinkard,  Francois,  Ferguson,  Gair, 
condition  of ,  Gould,  Harper.    Hempstead,  Ingraham, 
'he  ravages  I  Thomas  Isabelle,  Jacksoh,  Jones,  Kelso, 
Landers,  Lange,  Leroy,  Lewis  J.,  LevasR., 
Lynch,  McLeran,  McMillen,  Murrel,  New- 
ibly  apprehended  |  sham,  Oliver,  Packard,  Pierce,  Pinchback, 


a  ad 


many  of  the 


■  1)1:  :  dc  to  prevent  th 
ution  to  be  submit- 
VG  the-  peoijle,  by  the 


iOOli  t<.>  bi 

power  oi  t 

sill  the  ro  - 
of war  li.'s 
avenues 

Whebxa 
that  great  c 
adoption  o 

ted  by  the  Conventicn 

combined  p;nvers  of  the-  Conservative  press, 
hj  great  machinations,  ar-d  by  open  vio- 
lence; and 

Wheseas,  It  is  deemed  by  this  Conven- 
tion indi3]):'ns;:l;ly  necessoTy  that  all  the 
isouix^es  aii:l  instrumentalities  within  tiie 
control  of  tJiis  body  should  be  used  for  th« 
purpose  of  eiTecting  a  thorougli  disseniinr.- 
tion  of  our  proceedings  and  the  result  of 
our  deliberations  among  the  people  of  this 
State,  thciefore  be  it 

Resolr.'  L  Tliat  the  proprietors  of  the  New 
©rleans  7A"rAbl:c?n  be  and  they  are  hereby 
employed  pul^lish  regularly  the  procee{i- 
ings  of  this  Convention,  for  which  they 
sliaU  be  paid  by  the  State  on  a  warrant  from 
the  ConYeu'::ou,  signed  by  the  President  | 
and  Secretary,  a.  compensation  pro  rata  with  j 
the  established  custom  of  printing.  | 

Mr.  Moses,  of  Orleans,  moved  to  lay  the  | 
lesolution  on  the  table. 

Mr.  Nevv'sham,  of  West  Feliciana,  rose 
to  a  point  of  order,  that  the  niOA^er  of  the 
lesolution  had  the  rio-ht  to  close  the  debate  i  gencer,  and  the  paper  which  Judge  Cooley 


Reagan,  Reese,  Riard,  Snaer,  Bcott,  Snider, 
Steele,  Tinchant,  Twitchel,  Undervv'ood, 
Yandergriii',  Vidal — 46. 

And  the  motion  was  declared  to  be  lost. 
Mr.  Belden,  of  Orleans,  moved  to  refer 
the  vdiole  matter  to  a  sj^ecial  committee  of 
'  five. 

!  Mr.  Y/ickliffe,  of  Orleaus,  moved  to 
;  lay  the  motion  ,  on  the  table,  and  it  was 
1  withdraAvn  by  the  mover. 
I  Mr.  Smith,  of  Orleans,  moved  to  ainend 
b}'-  including  the  German  Gazette,  of  New 
Orleans. 


M 
ame: 
St.  T  - 


.  Bertonneau,  of  Orleans,  moved  to 
d  by  adding  the  liomer  Iliad  and  the 
nclry  Progress. 
Mr.  Eonsigneur,  of  Orleans,  moved  to 
amend  by  adding  the  j_New  Orleans  Advo- 
cate. 

Mr.  Ludeling,  of  Ouachita,  moved  to 
amend  by  adding  the  Louisiana  Intelli- 


and  could  not  be  deprived  of  it  by  a  motion 
to  lay  on  the  table. 

Mr.  Cooley,  of  Point  Coux^ee,  rose  to  a 
point  of  order,  that  a  motion  to  lay  on  the 
lable  was  not  debateable.  The  ayes  and 
^ays  were  demanded  and  ordered  by  the 
Oouvention,  and  the  Secretary  proceeded 
lo  call  the  roll. 

Mr.  Beklen,  of  Orleans,  Mr.  Jones,  of 
©rleans,  and  Ingraham,  of  Caddo,  by  per- 
Siiission  of  the  Convention,  exj)lained  their 


is  about  to  establish. 

Mr.  Tinchant,  of  Orleans,  moved  to  post- 
pone indefinitely  the  whole  subject. 

Mr.  Ludeling,  of  Ouachita,  moved  its 
reference  to  the  proper  standing  committee 
to  be  indicated  by  the  President. 

Mr.  Tinchant,  of  Orleans,  moved  a  sus- 
pension of  the  rules  to  allow  its  reference 
to  special  committee. 

Mr.  Jones,  of  Orleans,  moved  to  refer  to 
Committee  on  Printing. 


JOURXAI.  OF  THE  COXSTITUTIOXAL  COXYEXTION.  19^ 

Tlie  roll  vTiis  callod,  ?.nd  tlie  follo'^raig' 


Mr.  Smitli,  of  Orleans,  moved  to  refer  to 
■a  siDecial  conimitt-ee  of  Sve. 

Mr.  Beiden  rose  to  a  point  of  order,  tiiat 
a  motion  to  refer  had  a  jDrecedence. 

Mr.  Bonseis'neur,  of 


named  members  ansvrered  to  their  names  : 


Messrs.  J.  O. 
Baker  L.       .  B. 
Blackhurn  u'.  J. 


Ta 


B' 


xoi,  Burreli 
Crane  B 
I. ,  Cnney  >5-ii-li 
De:-.londe  P.  G . . 
parte.  Diipart.  : 
son,  Gair.  _ 
Harper,  Barn 
Hiestand,  In^rr 


I) 


_Ljyn(.  ii 
viiii'rell. 


Orleans,  moved  its 
reference  to  Committee  on  Contingent  Ex- 
penses. 

The  President  decided  the  point  of  order 
in  favor  of  Mr.  Ludeling,  of  Ouachita,  to 
Tefer  to  its  appropriate  standing  committee, 
■udiich  vra-s  the  Committee  on  Printing. 

The  decision  of  the  chair  v^'as  ai3pealed  •'so^^^  Jones.  Kel 
r,  s  4.-1  '  Lewis.  L-.ideiini 

irom,  rmd  v%-a3  snst^imed.  -r 

Jiorris,  Moses. 

And  th^  question  bemg  put,  upon  the  Xevrsham,  Chver. 
motion  of  Mr.  Ludeling,  of  Ouae-hita,  it  Poindexter,  Pollard, 
was  adopted.  ;  Piggs,  Bodriguez,  s 

The  following  resolution  of  Mr.  Lynch,  ^^"^.^^'J^f^^^-l-' 
of  Carroll,  was  oiiered  and  read: 

VrHEREAs,  At  a  recent  meeting  o 
Board  of  Levee  Commissioners  of  this  State 
it  was  decided  to  send  a  commission  con- 
sisting of  three  members  of  the  Board  to 
"Washington  City  for  the  purpose  of  pre- 
senting to  Congress  the  knowledge  of  the 
impoverished  condition  of  oar  State,  and 
the  abs  Ante  necessity  which  exists  for  ask- 
ing the  indorsement  of  the  general  govern- 
ment upon  the  bonds  of  the  State  issued  for 
levee  purposes.    Therefore  be  it 

Resolred,  By  the  people  of  Louisiana  in 
Convention  assembled,  that  the  objeci  of 
the  commission  appointed  by  the  State 
Board  of  L-'vee  Commissioners  is  herelov 


Antoine  C.  C, 
^._=:;tonneau  A., 
ir  II.,  Bonne- 
V-'^ii..  Coohy, 
'  ■  omweRB. 
•  -  -  -  Depa  ssean^ 
Diiiikaru,  Du- 
an:-oi.?.  E:.m-;u- 
M.  Ghiicha-d, 
1.  Hem^tead, 
1  •  P.  H.,  Jack- 
L  (.nge,  LeroT, 
r.in.  3Ieadows, 
^h;;vrav.  Myers, 
'  Pinchbac-k, 

,     -  Ei.-  d, 

hidith,  Sne-er, 
a^t,  Tinchant, 
l;:-t)it,  Yander- 


Lid  indcr-: 
L-i-il  c-uv^ 
lidino-  us 


api:^roved 
01  the  g 
plored  in 
our  levees. 

Laid  over  ruidei 

Mr.  Smitl 
mornino:  to 


J.  and  th- 
rum'_nt  uri^- 
to  repair  lij 


a-si>tance 
;^iitlv  im- 
id  rebuild 


T^^-itchell,   Underwood.  ^'; 
grifi,  Yidal,  Waples,  Wi-hhiie,  Yrilliams, 
the  Y.hlson — S3  members  presr-nt. 

Opened  T^dth  prayer  by  P-ev.  Fisk. 
The  minutes  of  tlie  sixtli  day  were  read. 
Mr.  Yhcklifie,  of  Orlean.-.  eaUed  for  a  cor- 
rection in  the  st-atement  tliat  he  had.  ap- 
pealed from  the  decision  of  the  chair. 

Mr.  Ludehng,  of  Ouachita,  asked  that  liis 
amendment  be  correct^-d  so  a-s  to  read  '*  the- 
icer.  and  the  paper 
\vas  about  to  establish.'* 
.stP..ren  Pouge,  asked 
.ved  correcdy. 
.1,  tli-^  minutes  were 


Louisiana  Intelligt 
which  Judge  Crob:y\ 
Mr.  Pagan,  of  I 
that  his  parish  be  s 
And,  as  amend 
ador-.ted. 


rir.  Cr;;:i^ 


lc  rules, 

p  his  resolution  of  thi> 
^  ?e  members  of  the 
Convention  a  special  committee  to  consider 
the  condition  of  the  levees,  ascertain  what 
has  been  done  by  the  commissioners  as  to 
bonds,  etc.,  and  vrliat  action  by  the  Con- 
Tention  is  expedient,  and  to  report  thereon 
to  the  Convention  on  Monday. 

Pending  which,  on  motion,  the  Conven- 
tion adjom-ned  until  Monday  next  at  11 

A.  M. 

A  tme  copy. 

^  WM.  ^T:GEES,  Secretary. 

SEVENTH  DAY. 
New  Oeleaxs,  Monday,  Dec.  2,  1867. 
The  Conventiofi  met  at  11  o'clock,  a.  ii. , 
President  Taliaferro  in  the  chair. 


Orle.in-.  '  .Y.-r:l  the  foiloTV- 

.  Th  it  :t  '  -:\  Pug  order  of 

th-  V  '    ."-n:i'Mi.  t.i.'  ^ '-i.^-vution  shall 

every  >  .  .  ■•  ai  1  -'^  .  ■  ive  itself  into 
a  commiLr.'f  of  rh-.-  vn  •  =  ^Auivention,  to 
consider  intreiii  r.h  i.;p'orr<  from  standing 
and  special  commit rees.  on  buch  proposi- 
tions as  shall  be  referred  to  or  made  from, 
said  committees. 

Laid  over  under  the  rules. 

rxFiNisHED  Brsixrss. 

By  Mr.  Smith,  of  Orleans: 

Resolved,  That  a  special  committ-ee,  to  be 
comi^osed  of  thi'ee  membei-s,  be  appointed 
by  the  Chairman,  to  consid':-r  and  rej)ort  to 
this  Convention  the  present  condition  of  the 
levees  in  the  State,  what  progress  has  been 
made  by  the  existing  Board  of  Levee  Com- 
missioners in  negotiating  tlie  V-onds  appro- 
priated by  the  late  Legi.-^iaiure  for  levee 
purposes,  and  also  whr. t  action  is  expodienfe 
for  this  Convention  to  aJ.cpr  in  r^latioit- 


120 


JOUENAL  OF  THE  CONSTITUTION.iL  CONVENTION. 


thereto,  and  to  lay  before  Congress  the  neces- 
sities of  national  aid  in  restoring  the  levees 
on  the  Mississippi  river. 

Resolved  fvrih-:r,  That  the  said  commit- 
tee be  instructed,  if  practicable,  to  bring  in 
their  rej^ort  on  next  Monday. 

Mr.  Tinchant,  of  Orleans,  moved  to 
amend  by  inserting  Thursday,  in  place  of 
iMonday,  and  the  amendment  was  accepted 
by  Mr.  Smith. 

Mr.  Widdiffe  rose  to  a  point  of  order  to 
inquire  if  original  resolutions  were  in 
order. 

Mr.  Newsham,  of  West  Eeliciana,  called 
the  gentleman  from  Orleans  to  order,  as  he 
had  not  addressed  the  chair  in  the  manner 
prescribed  by  the  rules. 

The  chair  decided  that  the  gentleman  was 
Ont  of  order. 

The  chair  decided  that  Mr.  Smith's  reso- 
lution lies  over  until  12  o'clock,  and  that 
original  resolufcions  were  in  order. 

OI^IGINAL  RESOLUTIONS. 

By  Mr.  Wickliffe,  of  Orleans  : 
Be  it  ordained  hy  the  people  of  Loulsiayia 
in  Convention  assembled,  That  in  order  to 
raise  sufficient  funds  to  defray  the  neces- 
sary expenses  to  be  incurred  in  carrying 
out^  the  will  of  the  Congress  of  the 
United  States,  as  expressed  in  the  various 
leconstruction  bills  ptissed  by  that  honora- 
ble body  for  the  government  of  the  States 
lately  in  rebellion  against  the  Federal  Gov- 
ernment: 

1.  A  direct  tax  shall  be  and  is  hereby 

levied  of  per  cent,  on  the  valuation 

of  aU  real  estate  of  each  individual,  succes- 
sion, company,  or  corjjoration  in  the  State, 
to  be  fixed  by  the  roll  of  assessment  a» 
made  by  the  St^te  of  Louisiana  for  the 
year  1867  on  the  same  species  of  property. 

2.  A  direct  tax  shall  be  and  ia  hereby 
levied  of  per  cent,  on  all  personal  prop- 
erty of  each  indi^vidual,  succession,  com- 
pany,^ or  corporation,  to  be  fixed  as  far  as 
practicable  by  the  aforesaid  assessment 
lolls,  and  where  said  roUs  are  impractica- 
ble, to  be  fixed  by  the  board  of  collectors 
of  each  parish  or  district  as  hereinafter  pro- 
Tided  for:  Provided,  'i  hat  the  j^roperty  of 
no  person  shall  be  taxed,  whether  real  or 
personal,  thiit  does  not  am.ount  in  the  ag- 
gregate to  over  tv\'o  hundred  dohars. 

3.  A  direct  tax  shall  be  and  is  hereby 
levied  on  all  professions,  calhngs,  or  occu- 
pations, for  the  same  amount  and  governed 
by  the  same  rales  as  those  fixed  by  the  State 
authorities  for  the  yenr  1867. 

4.  A  poU  tax  on  each  male  ]jersoii  oyer 


twenty-one   years  of  age,  of  one  dollar, 

5.  AU  taxes  hereby  impoi^l  shaU  be  pay- 
able in  greenbacks  or  United  States  nation- 
al currency. 

6.  A.  Board  of  Collectors  shall  be  ap- 
pointed by  the  (  ommittee  of  Contingent 
Kxi:)enses  to  consist  of  three  members  for 
each  country  parish,  and  the  same  number 
for  each  municipal  district  of  the  parish  of 
Orleans  ;  one  of  each  board  being  named 
as  chtiirman  of  said  committee,  whose  duty 
it  shall  be  to  collect  all  taxes  herein  named 
and  levied,  and  make  their  returns  to  the 
Committee  of  Contingent  Expenses  within 
thirty  days  from  the  date  hereinafter  speci- 
fied for  commencing  their  duties  as  col- 
lectors. 

7.  The  said  committee  shall  fix  the  day 
on  which  the  collec  tors  of  said  taxes  shall 
begin,  wliich  shall  not  be  longer  than  thirty 
days  from  the  i^assage  of  this  ordinance, 
and  shall  cause  notice  of  the  same  to  be 
published  for  ten  consecutive  days  prior  to 
the  day  of  commencing  the  collection  in 
the  New  Orleans  Teibune,  the  New  Or- 
leans Republicaij,  the  New  Orleans  Bee, 
the  New  Orleans  <  reseeut,  the  New  Orl<^ans. 
Picayune,  and  the  New  Urleaos  German 
Gazette. 

8.  All  collectors  appointed  under  this  or- 
dinance shall  give  bond  with  real  estate 
security  to  the  President  of  this  Convention 

in  the  sum  of  thousand  doUai-s,  and 

shall  receive  the  same  commission  for  then* 
services  as  is  allowed  by  the  United  States 
authorities  for  similar  services. 

9.  All  collectors  found  guilty  of  fraud, 
perjury,  or  malfeasance  in  office,  shall  be 
subject  to  fine  and  imprisonment  at  the 
discretion  of  this  Convention,  and  their 
securities  held  good  for  all  defalcations  of 
their  principals. 

10.  The  said  collectors  are  hereby  em- 
powered with  all  nec(v^*ary  authority  to  col- 

I  h'Ct  the  tiixes  lierein  provided,  for,  and 
to  enforce  their  coll<s.'tion  hj  summitry  pro- 
cess, to  seize  and  wll  at  public  auction  aU 
property  liable  to  taxation  under  this  ordi- 
nance after  giving  ten  days'  notice  either 
in  one  public  newspaper  in  the  parish,  or 
posting  the  same  at  the  courthouse  door. 

They  shall  also  have  power  to  call  upon 
the  posse  comitatiis  to  assist  in  carrying  out 
the  provisions  of  this  ordinance,  and  to  im- 
prison any  one  interfering  or  attempting  to 
interfere  vnih.  them  in  the  discharge  of 
their  duties. 

11.  All  courts  and  officers  of  courts 
throughout  the  State  are  hereby  forbidden 
to  interfere  with  the  said  Collectors  in  the 
discharge  of  their  duties  under  this  ordi- 
nance, by  any  legal  process  whatever,  un- 
der penalty  of  irnxDeachmentj  and.  fmo  or 
imprisonment. 


JOURXAL  OF  THE  COXSTITUTIOXAL  COXTEXTIOX. 


21 


12.  The  chairman  of  the  various  boards 
of  collectors  shaU,  as  fast  as  i^ossible,  turn 
over  aU  moneys  collected  by  their  re- 
spective boards  to  the  ^Srare  Treasurer,  aud 
take  his  receipt  therefor,  indorsed  by  the 
Ghidrnian  of  th  ?  C-jmmirtee  on  Contingent 
Expeiises  and  the  President  of  this  Cun- 
ventiou. 

13.  The  State  Treasurer  shall  not  pay 
out  any  of  the  funds  C'':ihected  by  virtue  of 
this  ordinance  to  any  jjerson,  or  for  any 
pur]Dose,  except  upon  the  v\-arrant  of  the 
Chairman  of  ihe  Committee  on  C-uitingent 
Expenses,  indorsed  hy  the  President  and 
Secretary  of  this  C-.'i.-.-  ■■..-'^  .n.  iu  aocordance 
vdth  such  special  re-ulutiuns  as  may  be 
pa.^sed  by  this  Conv^'Ution. 


sp ec ial  c o mmit t ee 
dent  of  this  Cn- 
■'the  Tax  Judicial 
•  it  ^haU  he  to  de- 
I  e-]uity  arising  uu- 
-o  ^vnoiii  ad  cases 
■jr  the  provisions 
'  'rdinance  shall  be 


Adopted  on  a  division  ]:'y  a  vote  of  61 
ayes  and  25  nays. 

]\Ir.  Ingraham,  of  Caddo,  moved  to  recon- 
sider and  to  refer  the  resolution  to  the  Com* 
mittee  on  Finance. 

I\lr.  Smith,  of  Orleans,  moved  to  lay  tho 
motion  to  reconsider  on  the  table.  Car- 
ried. 

Bvr^lr.  Lvnch.  of  Carroll: 


11.  Persons  purchasing  real  property  at 
the  sales  of  any  collectors  appointed  liy  viv- 
tue  of  this  ordinance,  shall  De  put  in  luh 
aud  complet-e  possession  of  the  p)urchasf  d 
property  and  maintained  therein  for  the 
space  of  tvo  years  from  the  day  o:  such 
.sale;  aft-er  -^-hich  time  such  prox)erty  sLah 
revert  to  the  individual,  succession,  com- 
pany, or  corporation  for  whose  taxes  it  was 
-sold.  Those  purchasing  personal  property 
shaU  become  entitled  in  fee  simp]e,  and  be 
i:)rotected  against  aU  claimants. 

15.  The  collectors  shah  never  seize  real 
X^roperty  except  no  personal  properry  can 
be  found,  and  except  the  per.-on.il  r.roperry 
is  insufficient  to  secure  tne  tax  hereby  as- 
sessed. 

16.  Xo  privileges,  exemptions,  or  pre- 
scriptions as  heretofore  est;iV)ii-.iied  by  law 
shah  have  any  force  a:  ' 

of  this  ordinance.    Au  hr  ,  uiil 

titles  shah  be  liable  tu  seizure  i-  .r  i;,,^-  (.''h- 
lection  of  the  taxes  herein  levied,  all  laws 
heretofore  and  now  in  force  to  the  contrary 
not  Avii  1  i  s  t  a  n  ding . 

17.  There  shall  be  a 
appointed  by  the  Pre-:- 
veution.  to  be  siyl-d 
Committe-^,"  whose  d;i^. 
cide  all  p<iints  of  law 
der  this  urdinan.'e.  und 
of  dith'/ulty  arising  .)Ut 
and  enforcement  oi  tid 
referred  for  final  seCLi  ■;, 

Z>lr.  WicKlilie,  ot  Orleans,  moved  that 
the  ordinance  on  taxation,  i?itroduced  hx 
him,  be  referred  to  the  Committee  on 
Contingent  Expem-es,  vriih  instruction  ^ 
to  secure  such  statistics  as,  may  be  ueces- 
sary  to  enable  this  Conven'rion  t'  nx 
the  per  cent,  to  be  levied  as  a  vax  nn  ijil^ 
p)ersonal  and  real  prooert\-  re^^eiTed  tc  i:. 
that  ordinance-,  nnl  that  they  I  e  instr  ■  te  1 
to  report  to  tiid  Cd  ivention\ts  e.'.rh-  ■  v..-s- 
sible. 


eigni  o.wii:ir>  per  Ociy  : 
the  same  mile;'ge  l)e  hU'. 
of  the  la^t  Lei^islature  < 
i>iv  shah  be  ^ ah.. wed 


f  to  this  Con- 
■  •  i-'  reby.  aUowed 
r  :  iiiny  days,  and 
t'.^  the  members 
this  State;  but  no 
)  delejTates  for  the 


1^1 


T 

1 


dih-li  this  Convention  m::j  remain  in 
1  alter  -che  expiration  of  tldrtydays, 
;  over. 

Mr.  Cromweh,  of  Orleans: 
U-s'jJro.i  That  we  the  representatives 


of  the  loyal  people  of  the  State  of  Louis- 
iana in  Convenrion  assenii  iled,  are  thanliful 
to  Almighty  God  for  the  success  of  the 
lladical  Eepubhcan  party  in  this  State.  We 
hold  these  truths  to  be  Svdi-evident  that  aU 
men  are  created  erpial.  en-b-wed  with  cer- 
tain inrdi-uiaidc-  right-.  i:nd  therefore  the 
law  shoidd  anbrd  equal  protection  to  all  in 
the  exercise  of  theu*  civil,  ]3ubhc,  poHtical 
Lud  religious  rights,  and  insui'e  perfect 
equality  uuiler  the  law. 

2.  That  this  State  shah  be  c'overned  and 
control ed  and  directed  bv  tIi.;     who  have 


IS  -ervedit  in  times  of  it- 


T3reserve 


friendi 


X)  seek 
.m  its 


o.  Tb  lion    is  d'sfranchisement, 

and  ari:.  i  :  i.ipts  to  (overthrow  our  Gov— 
(U'nni-nt  to  -eeure  ne>rr  <  si;;v.;-ry  is  treason- 
able expatriation,  and  w-  ds)  indorse  the 
acts  of  the  Thirty-ninth  and  Fortieth  Con- 
gresses, and  win  reconstruct  Louisiana  tipon 
the  basis  of  the  Militarv  Eeconstrtiction 
BiU.  _ 

1:.  ihat  we  are  friendly  to  universal  lib- 
erty, but  no  universal  amnesty,  but  the 
coniinuance  of  disfrancLis:-ment  of  all  Con- 
gress has.  and  ah  ovhers  we  may  think  nec- 
i;s-,ary,  for  the  safety  of  our  common  coun- 
try, and  the  freedom  of  the  negro  race. 

Which  on  motion  of  Mr.  LudeHng,  of 
Ouachita,  was  referred  to  the  Committees 
on  BiU  of  Eights  and  on  General  Provi- 
sions. 

3v  3Ir.  Ingraham,  of  Caddo: 
"    ^   ^'  1 .  Evers-  male  person  bom  in  the 
"  - .  and  e vers-  m  ale  "<t erson  who  has 

Zed,  or  who  ha.s  le Q'ahy  declared 
hi  n  to  become  a  citizen  of  the 

:es.  twentv-one  vears  of  as-e  or 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


upwards,  who  shall  have  resided  in  thi3|1 
StAt©  one  jenY  next  preceding  an  election  ( 
and  the  last  sixty  dtvys  thereof  in  the  parish 
in  which  he  offers  to  vote,  except  as  here-  . 
after  provided,  shall  be  deemed  an  elector : 
J^rovicled,  That  no  soldier,  or  sailor,  or  ma- 
rine in  the  military  or  naval  service  of  the 
United  State.s  shall  hereafter  acquire  a  resi-  ' 
dence  by  reikson  of  being  stationed  on  duty  ' 
in  this  State. 

Sec.  2.  It  sliall  be  the  duty  of  the  Gen- 
eral Assembly  to  provide  from  time  to  time 
for  the  registration  of  all  electors ;  but  the 
f  ollomng  classes  of  persons  shall  not  be  per- 
mitted to  register,  vote,  or  hold  office : 

1.  Those  who,  during  the  late  rebellion, 
inflicted,  or  caused  to  be  inflicted,  any  cruel 
or  unusual  punishment  upon  any  soldier, 
sailor,  marine,  employee,  or  citizen  of  the 
United  States,  or  who  in  any  other  way  vio- 
lated the  rules  of  civiHzed  warfare. 

2.  AU  members  of  the  so-called  '  *  Seces- 
sion Convention"  of  1861  who  voted  for 
the  secession  of  this  State  from  the  Union. 

3.  Those  who  ft7-e  or  may  b?  disfrancbisrd 
loj  the  proposed  Constitutional  Amendment 
inown  as  the  ll-tli  article  and  the  act  of 
Congress  passed  March  2d,  1867,  and  all 
supplementaiy  acts  hereto,  excpx)t  such  as 
have  aided  the  plan  of  re-construction  pro- 
posed by  Congress  and  accepted  the  polit- 
ical equality  of  all  men  before  the  law  : 
P7'0vided,  That  the  General  Assembly  shall 
liave  power  by  a  two  thirds  vote  to  remove 
the  disability  incurred  under  this  last  clause. 

4.  Thos®  vdio  shall  have  been  convicted 
of  treason,  embezzlement  of  x:)ublic  funds 
malfeasance  in  office,  crime  punishable  by 
law  with  imprisonment  in  the  penitentiary 
or  bribery. 

5.  No  idiot  or  insane  pei*son  shall  be  jjer- 
Xaitted  to  register  or  vote  in  this  State. 

Sec.  3.  I  •  ,  do  solemnly  swear 

(or  affirm),  that  I  will  support  aud  maintain 
the  Constitution  and  Itiws  of  the  Unit<rd 
States  and  of  th©  Stato  of  Louisiana.  That 
I  am  not  disfranchisfKi  or  excluded  from 
registering  bj  any  of  the  clauses  in  section 
two  of  this  article,  and  that  I  will  nover 
countenance  or  aid  in  the  sece^jsion  of  thia 
State  from  th»  United  Static  ;  that  I  ac- 
<5ept  the  civil  and  political  eqvidliij  of  all 
men  and  agree  not  to  attempt  to  deprive 
any  person  or  p>ersons  on  account  of  race, 
color  or  preTioua  condition  of  any  political 
©r  civil  right,  privilege  or  immunity  enjoyed 
l)y  any  other  class  of  men,  and  furthermore 
that  I  will  not  in  any  way  injure  or  coun- 
tenance in  others  any  attempt  to  injure  any 
person  or  persons  on  account  of  past  or 
present  support  of  the  Government  of  the 
United  States  or  the  principle  of  the  jDolit- 
ical  and  civil  equality  of  all  men  or  affilia- 


tion with  any  political  party.  So  help  me 
God. 

Bef erred  to  Committee  on  General  Pro- 
visions. 

By  Mr.  Newsham,  of  West  Eehciana  : 
Whekeas,  By  supplementary  acts  of" 
Congress,  passed  March,  1867,  it  is  de- 
clared that  no  loyal  State  Government 
exists  in  Louisiana  ;  and  by  an  act  passed 
suplementary  thereto,  on  the  23d  day  of 
March,  1867,  it  is  enacted  that  if  said  gov- 
ernments were  continued  they  were  to  con- 
tinue, subject  in  all  respects,  to  the  para- 
mount authority  of  Congress  ;  and 

Wheeeas,  It  is  made  the  duty  of  the 
district  commanders  to  remove  from  office 
all  persons  in  office  disloyal  to  the  United 
States,  and  not  citizens  thereof  ;  and, 

Whekeas,  Boards  of  Begistration  were 
created  hj  said  acts  of  Congress  for  the 
purpose  of  registering  citizens  loyal  to  the 
Union  ;  and 

Whekeas,  The  right  to  remove  from 
office  is  vested  within  the  Military  Com- 
mander of  the  District  ;  and 

Whekeas,  Many,  if  not  a  majority,  of 
the  parish,  and  judicial,  and  municipal 
offices  of  the  State  are  now  held  by  persons 
disfranchised  and  not  citizens  by  the  pro- 
visions of  said  paramount  law  or  laws  of 
Congress;  and 

Whekeas,  This  Convention  is  the  legal 
creation  of  the  said  acts  of  Congress,  con- 
vened for  the  purpose  of  making  a  Con- 
stitution and  civil  government  for  the  State 
of  Louisiana;  and 

Wheeeas,  It  is  a  well  established  princi- 
ple of  law,  that  no  person  not  a  citizen,  can 
legally  hold  an  office,  and  it  being  impossi- 
ble to  organize  with  the  present  disloyal 
element  of  the  State  in  office,  all  or  many 
of  whom  are  disfranchised  by  said  acts  of 
Congress;  therefore 

Be  it  resolved  hy  the  peoph  of  Louisiana  in 
Conveniian  assembled,  Do  respectfully  re- 
commend to  W.  S.  Hancock,  Major  General^ 
commanding  the  Fifth  Military  District, 
ahe  removal  from  office  of  all  persons  in  the 
,  State   of  Louisiana  disfranchised  by  said 

■  acts  of  Congress,  and  the  appointment  of 
loyal  men,  citizens,  in  their  place. 

'      Lies  over  under  the  rules. 

Mr.  Tinchant,  of  Orleans,  read  the  fol- 
lowing : 

!      Resolved,  That  the    Governor  shall  be 

■  empowered  to  organize  immediately  a  con- 
'  stabulary  force,  to  be  composed  of  one 
•  thousand  men  of  undoubted  loyalty.  Said 
)  force  shall  be  proportionally  apportioned 
-  among  the    several    parishes.    Its  duties 

■  shall  be  to  protect,  to  the  best  of  its  ability, 


JOUEKAL  OF  TEE  CONSTITUTIONAL  CONYEXTION 


23 


the  liberty,  life,  property,  and  interests  of  | 
all  citizens.  ' 

Resolved,  That  this  resolution  be  referred 
to  a  special  committee  of  five,  to  be  ap- 
pointed by  the  chair. 

Pending  the  receding  of  which  the  Pres- 
ident announced  that  the  hour  had  arrived 
to  take  up  the  order  of  the  day. 

OP.DEE  OF  THE  DVY. 

The  following  resolutions  ol  Mr.  Smith, 
of  Orleans,  were  read  : 

liesolved,  That  a  speci;i]  ^(  .I'linittoe,  to  be 
composed  of  three  meml  ^'  r-.  h    s  ppointed 
by  the  chairman,  to  consid^  r  ;i':d  ivpnrt  to 
this  Convention  the  present  c-.  ;ii'.liti.)i:  of 
the  levees  in  the  State,  v,'ld\t  ]>rop-e;-.^  has 
been  made  by  the  existing  Board  oi  Levee 
Commissioners  in  negotiating   the  bonds 
appro})  riated  by  the  late  Legislature  for  levee 
purposes,  and  also  what  action  is  expedient  i     "  preambJe  ior  the  Constitution,  emanci- 
for  this  Convention  to  ad-^^-tiu  iv^ation  !  P^^io"'  ^^^e  aistribution  of  pou 
thereto,   and  to  lay    before  7jongress  the  I  ^r-^'l  relations,  with  mstraetions  to  report 
necessities  of  national  rid  in  restoring  the  ^ early  as  possible  such  articles  as  maybe 
levees  on  the  Mississi^);)!  river.  j  deemed  proper  to  incorporate  m  the  Consti- 

tution  on  tho.se  subjects  ;dso. 


Mr.  Newsham,  of  Y/esfc  Feliciana,  moved 
^  !  to  lay  on  the  table,  vdiich  was  carried. 

The  following  resohition  by  Mr.  E.  H, 
Isabelle,  of  Orleans,  came  up  in  its  orders- 
Amendment  to  be  added  to  rule  53,  o£" 
the  rules  imd  regulations  : 

Resolreil,  T]i:.t  a  standing  committee  of 
thirteen  be  ai  .pointed  by  the  chair  to  be- 
known  as  the  Committee  on  Ivlode  of  Ee- 
visihg  tlie  Stdte  Constitutioii. 

Mr.  I\.  H.  IsabeUe,  of  Orleans,  moved  t® 
adopt.  Cari-ied. 

The  following  resolution  by  Mr.  Wick- 
lifie,  of  Orleans,  came  up  in  its  order,  and 
^'{■lJ^  read: 

Re.soJrfJ,  Tliat  a  committee  of  seven  'be 
appointed  by  the  President  of  this  Conven- 
tion, to  whwm  shall  b-.j  referred  the  subiects 


said  commit- 
e,  to  bring  in 

Curried, 
rir.  Eea^-an, 


Rpiiolved  further.  That  th- 
tee  be  instructed,  if  practical 
their  report  on  next  'jMuirsd;! 

Mr.  Smith  moved  to  adopr 

The  follo\idng  resolution 
of  East  Baton  Eouge,  was  rea.d  : 

Resolved,  That  rule  foi'ty- seven  of  f<.X< 
Convention  be  and  is  lirriMiV  >  ;  jir-..^  d 
as  to  read  after  the  words  ^xdi-  li  i  l  -  ;:  " 
"Warrant  Clerk,"  and  aftt^r  ihe  w^^'d:- 
"Official  Printer"'  a  "  Pobtniaster,"  and  a 
"  Chief  Enrolling  Clerk." 

Mr.  Eeagan  moved  to  adopt. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
lay  on  the  table,  but  withdrew  his  inotion 
at  the  request  of  M.  Crane,  of  Orleans. 

Mr.  Cra%vford,  of  add  well,  moved  that 
the  resolution  be  divided,  and  the 
question  be  taken  separately  upon  the  dif- 
ferent ofHcers  proposed  to  be  elected. 

Mr.  Cooley,  of  Point  Couxoee,  renewed  liis 
motion  to  lay  on  the  table. 

Which  wcs  adopted.    Yeas,  50;  nays,  22. 

The  following  resolution  by  W  r.  Wick- 
liffe,  of  Orleans,  was  read : 

Resolved,  That  nothing  v/hatever  shall  be 
purchased  by  the  Sergeant-rbt-Arms,  or  any 
one  else  for  the  use  of  this  Con^'eDtuvn,  nor 
shall  any  appropriations  be  ailovred  for  any 
actual  or  contingent  exx>eiise3  unless  <luly 
authorized  by  a  regudar  vote  of  this  Con- 
vention. 

Mr.  WickKffe,  of  Orleans,  moved  to  ?Ao^yt. 


Mr.  Wickliffe  moved  to  adopt. 
Mr.  Cooley,  of  Point  Coupee,  moved  t© 
lay  on  the  table.  Carried. 
The  following,  hy  M 


)orne,  cai 


Blackburn,  of 
order,  and  was 


A:= 


the  vfill  of  tids  Convention., 
Mi".t  irs  -irst,  giejit,  and  paramount  duty  is 
■•.A.  taui ;i  ^tr.;-  .dndion  to  be  presented 
u>  .hi  j!o!  pi>  tor  cheir  ratincation  or  rejeo- 
lion  ;  and  that  ail  miner  business  be  dis- 
pensed with  till  this  macli  needed  work  is 
disposed  of. 

Laid  on  the  table  on  motion  of  Meo 
Smith,  of  Orleans. 

The  foUowing  resolution  by  Mr.  Lynch, 
of  Carrol,  came  up  : 

WiiEnEAS,  At  a  recent  meeting  of  the 
Board  of  Levee  Commissioners  of  this  Stat© 
it  was  decided  to  send  a  Commission  con- 
sisting of  three  members  of  the  Board  to 
Washington  . city  for  the  ])nrpose  of  pre- 
sentiug  to  Congress  the  knowledge  of  th^ 
impoverished  condition  of  our  State,  and 
the  absolute  necessity  which  exists  for  ask- 
ing the  iLidor;v?nient  of  the  General  Govern- 
ment upon  the  bonds  of  the  State  issued  foi? 
levee  purposes  ;  therefore,  be  it 


Rccult^ed,  V,y  the  peopl 
Convention  assem!d-'d,  t 
the  Commission  a] -point 
Board  of  L'^vee 
approved  and  iud  :  L  . 
of  the  Generiil  (hj 


of  Louisiana  im 
V'lrJ;  the  object  of 
itcd  by  the  Stat© 
i  sioiKTS  is  hereby 
r -id  the  assistance 
aient  urgently  iin- 


24 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


plored  in  aiding  u.s  to  rei)air  and  rebuild 
our  levees. 

Upon  the  re*iuost  of  its  mover  it  avcis 
postponed  till  Thursday. 

JNlr.  BrovfJi,  of  Iberville,  moved  that  any 
member  of  the  Conventi.ui  v.'lio  presents  a 
motion  or  resolution  f-liali  have  a  right  to 
explain  his  reasons  therefor  before  a  mo- 
tion to  lay  on  the  table  shall  be  enk^rtained. 
Laid  on  the  table. 

Or.KilXAL  EES0LUTI0N3. 

Ey  Mr.  Sclruab,  of  Jefferson: 

WnEEEAs.  Ail  sources  and  instrumentali- 
ties within  the  eontrolfof  this  body,  should 
Ibe  used  for  the  purpose  of  eclightening 
the  great  m:..-::.t;s  Oj.  the  people  in  this  State 
to  show  ih :  v,  (ij.id  at  largo  that  we  are  well 
aware  that  orr  enrmies  are  not  asleep, 
which  is  shown  by  the  effort  of  the  Con- 
servative par^y.  their  combined  press  hav- 
ing nothing  nnrricd  in  injuring  and  insult- 
ing the  Ser  a];lie<i.n  party,  and,  as  theii* 
machinations  will  m-VL-r  cease,  and  they  will 
not  even  shrink  from  using  violence  to  pre- 
vent the  adoj  tion  of  the  Constitution  to  be 
submitted  by  tliis  Convention  to  the  peo- 
ple of  the  S:..>^i'  oi  Louisiana;  and 

"Wheeeas,  Tiie  German  Gazette,  the  only 
papter  to  represent  so  large  a  population, 
not  only  in  the  State  of  Louisiana,  but  in 
nil  adjoining  States,  and  a  people  alwa^-s 
loyal  to  the  United  States,  good  and  true 
sitizens,  therefore 

Beitremlveil,  That  tbe  resolution  of  the 
Undersigned  be  unanimously  granted, 
Motion  to  have  the  proceedings  of  this 
Convention  also  printed  in  the  German 
B-azette,  and  the  proprietors  thereof  be 
end  the;/  are  hereby  employed  to  publish 
fegularly  tbe  proceeding  of  this  body,  now 
assembled  in  a  Convention  to  form  a  Con- 
."^titution,  loyal  to  the  Government  of  the 
United  States,  for  which  they  shall  be  re- 
compensed by  the  State  likewise,  as  general 
other  printers  are  paid  as  pro  rata  custom- 
ary printing. 

Jjies  over  under  the  rules. 
By  Mr.  Meadows,  of  Claiborne: 
Resolved,  That  ah  children  now  bound 
out  in  the  State  of  Louisiana  against  the 
will  of  their  parents,  be,  and  hereby  are, 
released,  if  said  parents  clo  so  desire. 
Lies  over. 

The  President  announced  the  appoint- 
ment of  the  committee  to  wait  upon  Gen. 
W.  S.  Hancock,  in  pursuance  of  a  resolu- 
uon  of  the  Convention,  as  foUows  : 

W.  L.  McMillan, ;Chas.  Leroy,  W.  H. 


;  Cooley,  Aug.  Donato,  JaB.  Mushaway, 
I  Tlios.  Isabehe,  John  B.  Vander griff. 
I  By  Mr.  P.  G.  Deslqnde,  of  Iberville: 
{  Resolved,  That  it  is  the  sense  of  this  Con- 
\  vention  that  aU  male  citizens  over  twenty- 
I  one  years  of  age,  who  shall  not  be  disf ran- 
I  chised  for  participation  in  the  rebelMon, 
j  shall  have  the  right  to  vote  and  be  eligible 
to  hold  any  office  under  the  government  of 
the  State. 

Resolved,  That  it  is  not  the  desire  of  the 
loyal  people  of  the  State  to  ojDpress  any  cit- 
izen, and  that  we  will  disfranchise  those 
vv'hose  connection  with  the  rebellion  and 
I  subsequent  contumacy  cause  us  to  beheve 
I  that  the  i:)ower  of  tbe  State  cannot  be  safely 
j  intrusted  in  their  hands. 
I  Resolved,  That  all  men  a,re  created  equal, 
I  and  that  we  desire  all  men  to  have  and 
I  enjoy  equal  rights  and  privileges  before  the 
I  law. 

I  Which  was  refrrred  to  Committee  on  Bill 
of  Eights. 

By  Mr.  Packard,  of  Orleans,  right  bank : 
Yv'heeeas,  The  framing  and  adopting  of 
the  organic  law  of  the  State  is  the  impor- 
tant business  for  which  the  Convention  was 
convened;  therefore  be  it 

Resolved,  That  the  Committee  on  Draft 
of  the  Constitution  be  instructed  to  prepare 
and  submit  to  this  Convention  a  '  'draft  of 
Constitution,"  and  in  order  that  the  said 
committee  be  enabled  to  submit  their  re- 
port at  the  earliest  possible  time,  the  com- 
mittee are  granted  permission  to  sit  during 
the  sessions  of  this  Convention  while  pre- 
paring their  report. 
Lies  over. 

By  Mr.  Packard,  of  Orleans,  right  bank : 
I  WiiEEEAS,  Many  radical  changes  in  the 
civil  and  criminal  law  of  the  State  of 
j  Louisiana  are  demanded  by  the  advancing 
j  spirit  of  the  age,  and  by  reason  of  the 
changed  condition  ef  persons  and  pro-perty 
.since  the  enactment  of  the  same;  and 

WhePvEAS,  Especially  the  law  regarding 
real  property  is  found  to  have  long  fet- 
tered and  retarded  material  progress  and 
prQsx)erity  of  the  State;  therefore,  be  it 

Resolved,  That  the  Committee  on  Judicia- 
ry be  instructed  to  inquire  into  and  report 
such  changes  in  the  civil  and  criminal  law 
of  the  State  as  may  be  deemed  necessary, 
and  said  Committee  have  leave  to  report  by 
ordinance  or  other^dse. 
Lies  over. 

By  Mr.  Packard,  of  Orleans,  right  bank  ; 
Whekeas,  By  section  eight  of  the  act  of 
Congress  known   avS  the    "  Supkmentary 
Reconstruction  Act,"  authority  is  vested  in 
,  this  Constitutional  Convention  to  levy  and 


JOUKNAL  OF  THE  CONSTITUTIOXAL  CONTENTION. 


25 


collect  sucli  taxes  uijon  the  property  of  the  j 
State  as  may  be  required  to  pay  the  ex-  i 
peuses  of  the  same  ;  and,  therfore,  be  it  j 
Resolved,  That  the  Committee  cm  Finance  i 
bo  instructed  to  inquire  into  and  devise  the  j 
best  means  for  supplying  the  treasury  of  the  I 
State  with  funds  sufficient  to  defray  the 
necessary  expense.?  of  this  Convention,  by 
taxation  or  otherwise,  and  said  committee 
have  leave  to  report  by  ordinance  or  other- 
wise. 

On  motion  of  Mr.  Cooley,  referred  to 
Committee  on  Finance. 

By  Mr.  Wilson,  of  Orleans  : 

The  Legislature  shall  2oro\'ide  by  lav/  for 
the  licensing  of  lotteries,  which  shall  be 
draw:n  on  the  Havana  plan  ;  and  the  buying 
or  selling  of  lottery  tickets  drawn  on  any 
other  plan  within  the  State  shall  be  pro- 
hibited, AH  policy  plans  are  strictly  x^ro- 
hibited. 

Referred  to  Committee  on  General  Pro- 
visions. 

By  Thos,  Isabelle,  of  Orleans. 

Mr.  Thomas  Isabelle  submitted  the  fol- 
lowing, which  v/as  referred  to  the  Com- 
mittee on  Bill  of  Eights  : 


PREAMBLE. 


do  ordain 


We,  the  people  of  Louisiana 
and  establish  the  Constitution  : 

Abticle  1.  That  slavery  and  involuntary 
servitude  excepc  as  a  punishment  for  time 
whereof  the  party  shall  have  been  duly  con- 
victed are  hereby  forever  alioiished  and 
prohibited  throughout  the  State. 

Referred  to  Committee  on  Bill  of  Rights. 

By  Mr.  Tinchant,  of  Orleans: 

Resolved.  That  the  Grovernor  shall  be 
emx^oTvered  to  organize  immediately  a  con- 
stabulary force,  to  be  composed  of  one 
thousand  men  of  undoubted  loyally.  Said 
force  shall  be  proportionally  apporti'^ied 
among  the  several  i:)arishes.  Its  dutie^? 
shall  be  to  protect,  to  the  best  of  its  ability, 
the  liberty,  life,  property  and  interests  ci 
all  citizens. 

Resolved,  That  this  resolution  be  referred  j 
to  a  special  committee  of  five,  to  be  ap- 
pointed by  the  chair.    Referred  to  the  Com- 
mittee on  Executive. 

By  Mr.;: Wilson, gof  Orleans: 

The  Legislature  shall  enact  no  law  re- 
quiring qualified  suffrage. 

Referred  to  the  Committee  on  Bill  of 


should  be  kept  of  all  expenses  incurred  in 
printing  the  proceedings  of  this  Convention, 
be  it 

Resolved,  Thnt  the  Committee  on  Print- 
ing be  authorized  to  employ  a  clerk  for 
that  purpose,  and  for  all  other  ser^-ices  that 
he  may  be  required  to  perform  by  said 
committee. 

Laid  ovei-  under  the  rules. 
Mr.  Wicklitfe,  of  Orleans,  moved  that 
the  Printer  be  required  to  furnish  in  pam- 
phlet form  two  hundred  copies  of  the  fol- 
lowing  Coastitutions   and   ordinances  of 
Missouri,  I860,  Nebraska,  1867,  Minesota, 
1857,  and  1858.    Tennessee,  1839  and  1866, 
for  the  use  of  the  Convention. 
Which  was  laid  on  the  table. 
Mr.  Belden,  of  Orleans,  moved  that  H. 
Peralta,  Esq.,  Aditor  of  Public  Accounta 
of  the  State  of  Louisiana,  be  requested  to 
furnish  to  this  Convention  an  abstract  of 
the  "State  taxes"  now  due  and  unpaid,  for 
the  years  1861,  1862,  1863,  18{>-1,  1865. 

]Mr.  Wax^les  moved  to  amend,  by  includ- 
ing the  year  1860,  which  was  accepted,  and 
pending  its  consideration,  it  being  the  hour 
of  1  o'clock,  the  sx}ecial  order  of  the  day 
was  announced. 

The  following  ordinance,  offered  by  Mr. 
McMiUen,  of  Carroll,  was  read: 

Be  it  ordained  oy  die  I^eople  of  the  State  of 
Louisiana  in  Convention- Assembled.  That  the 
act  of  the  Legislature  of  this  State,  ap- 
proved the  26th  of  March,  1867,  entitled 
'  'An  act  to  provide  means  for  the  construc- 
tion of  levees  by  the  issu.e  of  bonds  of  the 
State  for  four  millions  of  dollars,  and  to 
provide  for  the  redemption  of  said  bonds," 
is  hereby  ratified  and  confirmed,  and  the 
said  bonds,  when  issued,  vdiether  signed 
by  the  persons  then  acting  as  Governor  and 
Secretary  of  Stat-e  of  this  State,  or  by  the 
persons  now  acting  and  discharging  the 
d'lties  of  Governor  and  Secretary  of  State, 
•^hf.ll  have  full  force  and  effect,  and  the 
iiith  of  the  State  for  their  redemptioli,  as 
pledged  and  j^rovidod  in  said  act,  shall 
forever  l)'^  lield  valid  and  of  full  effect. 

Mr.  Belden,  of  Orleans,  moved  to  post- 
pone till  Friday  next,  which,  af  t-er  some  dis- 
cussion, was  adovtc'l. 

The  Presi'le:  ';!;'  i^nno  'need  the  committee 


By  Mr.  Hiestand,  of  Natchitoches  : 
W^HEEEAS,    It  is  necp-f  sar  r  10:   the  best 
interests  of  the  State  t' 


oi"  OrJea^is,  j 

C]l:^  ^. 

I  cornet: 0  account  [  Ci'.  -n     ■  . 


bv 


LC  resolution  of  Mr.  Smith 
'ollov>'s  : 

chairman  ;  S.  Belden,  R.  I. 


26 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


On  motion  of  Mr.  Crawford,  of  CaldweU, 
the  Convention  adjourned  tiU  to-morrow 
at  11  o'clock  A.  M. 

A  true  copy. 

\yM.  ^T:GEKS,  Secretary. 

EIGHTH  DAY. 
New  Orleans,  Tuesday,  Dec.  3,  1867. 

The  Convention  met  pui'suant  to  ad- 
journment at  11  o'clook  A.  M.  President 
Taliaferro  in  the  chair.  j 

Roll  called  by  the  Secretary  and  the  fol-  j 
lowing  delegates  answered  to  their  names  :  | 

Messrs.  Antoine  C.  C.,  Baker,  Barrett,! 
Belden,  Blackburn,  Blandin,  Bonseigneur,  ! 
Brown,  Crane,  Crawford,  CromVf^ell,  Cune^/,  | 
Dearing,  Demarest,   t'epasseau,   Desloude  | 
Douglass,  Drinkard,   L>ux3art,  Dupart,  Es-  j 
nard,   Francois,    Fuller,  Ferguson,    Gair,  j 
Gardner,  Go"u[d,  Guichard,  Harris,  Harri-  j 
son,  Hempstead,  Ingraham,  Jackson,  Jones,  I 
Kelso,  Landers,  Lange,  Leroy,  Levvds,  Ludei- 
ing,  Lynch,  Martin,  Meadows,  McLeran, 
Moses,  MurreU,  Myers  Newsham,  Oliver, 
Pierce,  Pinchback,  Poindexter, Pollard,  Rea- 
gan, Reese,  Riard,  Riggs,  Roberts,  Rodri- 
guez, Schvvab,  Smith,  Snaer,  Scott,  Snider,  | 
Steele,     Thibaut,    Tmtchell  Undervfood, 
Valfroit,    Vandergrifi",    Yidal,  VYickhiie, 
WiUiams,   Wilson — 74:    members  present. 

The  minutes  of  the  seventh  days'  pro- 
ceedings were  read  and  approved.  I 

OBIGrNAIi  EEBOLUTIONS.  j 

By  Mr.  Reagan,  of  East  Baton  Rouge:  j 
The  seat  of  government  shall  be  estab-  j 
lished  at  the  city  of  Baton  Rouge,  and  | 
shaU  not  be  removed  without  the  consent  i 
of  two-thirds  of  both  Houses  of  the  General  I 
Assembly,  and  the  Legislature  at  its  first  ses-  j 
sion  is  hereby  empowered  to  levy  a  tax  '; 

of  i^er  cent,  upon  all  taxable  prop-  { 

erty  v;T.thin  the  State,  necessary  and  ade- 
quate to  erect  a  building  adapted  to  the 
provisions  herein  designa,ted,  and  shall,  as 
soon  as  practicable,  devise  ways  and  meana 
for  carrying  into  effect  the  provisions  of 
this  article. 

Provided,    That  until  the  provisions  of  j 
this  article  shall  have  been  a<3comphshed, 
the  seat  of  government  shaU  remain  at  the 
city  of  New  Orleans. 

Referred  to  the  Committee  on  General 
Provisions. 

By  Mr.  R.  H.  Isabelle,  of  Orleans: 
Aeticle  1.  The  Legislature  may  establish  | 
the  price  and  jiay  of  foremen,  mechanics,  | 
laborers  and  others  employed  on  the  pub-  ; 
lie  works  of  the  State,  parochial,  city,  or  I 
town  governments.     Provided^    That  the  j 


oompensivtion  to  be  paid  all  foremen,  me- 
chanics, cartmen  and  laborers  employed 
on  the  public  works  under  the  government 
of  the  State  of  Louisiima,  city  of  New  Or- 
leans, and  the  police  juries  of  the  various 
paiishes  of  the  State  shall  not  be  less  than 
the  f ollov>ing  rates,  vnz : 

Foremen,  per  da,y  $3  50 

Cartmen,  furnishing  their  teams   4  00 

Cai'tmen,  not  furnishing  their  teams ...  2  50 
Laborers   2  50 

Art.  2.  Eight  hours  shall  constitute  a 
legal  day's  "i^hoY  for  all  mechanics,  artisans 
and  laborers  employed  on  pubhc  works. 

Mr.  Cooley,  of  Point  Coupee,  offered 
the  following  amendment: 

Amended — The  Legislature  shall  also  pro- 
vide by  legislation  to  insure  lawyers  ten 
per  cent,  on  all  claims  put  in  their  hands 
for  collection,  and  to  ah  doctors  three  dol- 
lars per  visit. 

Resolution  and  amendment  referred  to 
Committee  on  General  Provisions. 

Mr.  Cromwell,  of  Orleans,  presented  the 
folloT^ing  : 

Aet.  4.  The  Legislature  shall  make  no 
law,  ordinance,  statute,  regulation  or  code 
recognizing  the  right  of  x^roperty  in  man 
or  exclusive  public  j)rivileges  to  any. 

Art.  5.  Any  person  who,  under  color  of 
any  custom,  regulation,  rule,  statute,  ordi- 
nance or  law  shall  subject  or  cause  to  be 
subjected  any  inhabitants  of  this  State  to 
the  deprivation  of  any  public  right,  privi- 
lege or  immunity  secured  or  protected  by 
this  article  or  constitution,  or  to  pains,  pun- 
ishment and  penalties  on  account  of  such 
persons  ha\ung  at  any  time  been  lield  in  a 
condition  of  involuntary  servitude,  except 
as  a  punishment  for  crime,  or  by  reason  of 
their  color  or  race,  than  is  prescribed  for 
the  pleasure  or  punishment  of  white  per- 
sons, shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  couTiction  shall  be  pun- 
ished by  a  fine  not  exceeding  one  thousand 
dollars  or  imprisonment  not  exceeding  one 
year,  or  both. 

Aet.  6.  It  shall  be  lawful  and  the  duty  of 
the  Governor  of  the  State  or  such  persons 
as  he  may  empower  for  that  purpose  to  em- 
ploy the  mihtia  and  volunteer  forces  of  the 
State  as  shall  be  necessary  to  prevent  the 
violation  and  enforce  the  due  execution  of 
these  articles. 

Wheeeas,  Yv^e,  the  negroes,  and  persons 
of  negro  descent,  inhabitants  of  Louisiana, 
citizens  of  the  United  States,  and  lo^^al  to 
the  Government,  are  proscribed  and  ostra- 
cised when  entering  into  public  places,  or 
upon  common  carriers  Kcensed  and  pro- 
tected by  the  Constitution  and  iav^s  of  the 
State,  and 


JOUENAL  OF  THE  GOXSTITUTION.iL  OO^TEN'TIOy. 


27 


Whkrbas,  We  shall  not  attempt  or  coun.  i  point  of  order  that  one-fifth  of  the  Conven- 
aauce  any  attempt  to  remedy  the  evi^  j  ^^-^  -^r^i  ^ot  demande<l  the  are-^  and  navs. 


1  bad  spirit  shovrn  Oy  the  v.-hit6S  oth- 
wise  than  in  a  peaceable  and  legal  way, 
id  hare  our  constitution  so  framed  an<l 
fined  that  these  several  articles  be  in- 
•afted  in  the  Constitution  of  this  State, 
anely: 

ApvTIlXE  1.  Slavery  forever  i^i'otdbited 
ithin  this  State. 

Aet.  2.  A21  persons  born  in  the  I'ni' 
•ates,    and  not  subject  to   any  f:  •r=.'i.-r. 
•vrer  or  any  trilial  authority,  excluding 
idians,  are  declared  to  be  citizens  oi  tlii- 
■£Lte  and  the  United  States. 
Ap.t.  3.  There  shall  be  no  discriminaii  -i. 

the  pu'olic,  poKiical,  civil,  or  l\'M_^^r;^ 
crhts  or  immunities  amoii.^  the  citiz'^u.-. 


The  chi^ir  put  the  demand  for  the  ayes- 
and  nays  to  the  C-onvention,  and  they  were 
ordered. 

The  Secretary  proceeded  to  call  the  roll. 


anel  i]  _ 
lost-.. 


udment  of  Mr.  Xevrsham  vre 
n>ivs  49. 


this  Sta 
pre'vioiis 
exc 


on  account  of  race  or  c^ 


'^■>--r-.  Ant-oine, 
:>eigneur,  'Bur- 
G.  Deslond-. 
!Esnard.  FraiL>  ■ 


.'iubaut. 


Balden 


,.  Pu] 
iTaid 


condition  of  in^ 


oiuntary  r- 
ime 


tude,  except  as  a  punishment  for  c 
'hereof  the  partv  thail  have  been  duly  con- 
cted. 

Mr.  Cromwell  moved  that  ii:  be  made  the 
)ecial  order  for  Thursday  at  12  o'clock, 
id  llHjO  copies  printe<.l. 

3Ir.  Cooler,  of  Point  Coupee,  ro-so  to  a 
aint  of  order,  that  the  resolution  ~ho"l^. 
e  referred  in  the  regular  manner. 

Mr.  Cromwell,  of  Orleans,  moved  its 
iference  to  C^immittee  on  General  Pro- 
lisions.  and  tliat  it  be  made  rlie  order  of  th^,^ 
ay  for  Thur-day. 

The  chair  deluded  the  point  of  order  a>s 
D  so  much  of  the  motion  a,s  referred  to  the 
isposition  of  the  resolution,  that  it  should 
e  referred  in  its  usual  course. 
]\Ir.  Xewsham,  of  West  Feliciana,  moved 
3  amend  that  part  of  the  motion  as  to 
jirinting,  by  inserting  200  copies,  instead  of 
!000  copies. 

Mr.  Cooler,  of  Point  Coupee,  ros»  to  a 
foint  of  order  that  at  this   stage  of  the ' 
liroceedings  a  motion  to  print  wiV3   unn«- ' 
essaiy  and  out  of  order. 

Mr.  Pergnson,  of  Jackson,  moved  to  lay 
lie  motion  to  print  and  the  amendment  on 
'he  table.  I 
The  motion  to  table,  on  a  division,  wa^ 
ost— ayes  39,  nays  148. 

The  chair  stated  the  question  to  be  ujion 
tfr.  Newsham's  amendment  to  print  200 
popies. 

Mr.  Cooley,  of  Point  Coupee,  culled  for 
he  ayes  and  nays. 
Mr.  Bertonneau,  of  Orleans,  rose  to  a 


3erton- 
11.  De. 
.art, 
ner,. 
.  -Tuehson. 
rd  Le^-i., 
:^.w:-ham, 
uu,  iuiard, 
nt,  Under- 

?uessrs.  Baker,  Barrett.  Blackbiirn. 

p.cnnefoi,  BrcAvn,  Butler,  Cooley, 
.  :  r.-^f'ird.  Cuney,  Dearing.  Jr., 
Dupart.  Ferguson,  G^^uld, 
Harris,  Hnrrison,  In^i;d.-m.  K.  H. 

lhomit>  Isabelle,  KvLm  ,  lai^-ders, 
.uielins-.  Lvnch.  Mari:::..  :  1  'ws, 
1.    rdcMiUen,  Mi^.rrol,  Id- ./:;.^v;iv. 


■1  tn. 


d  to 


sembkjdii:  C  ^  -l  > 
of  Loui-d.iu  .  -  ■ 
bodies  tli-.t, 

Wi-CimEAS,  The  prese  nt  acts 
for  the  reconstruction  of  the 


^  L:  -  ^^'cd  wa-^  read  : 

s  nov,'  as- 
..u  h:^.:  I'M  the  Siate 
unto  Torn'  honurabie- 


of  Congi'oss 
rebel  Si'ates 
require  that  a  maiority  of  th*  registered 
voters  in  each  of  said  Ssates  should  be  ca^st 
to  secure  the  adoption  or  rejection  of  their 
re^spective  Constitutions;  %nd 

Where-vs,  Tlie  more  usual  and  simple 
manner  of  determining{  the  oue^^tion  of  the 
ad'apti' n  or  rojtvrion  ()f  State  cojistitutions 
is  by  submitting  them  to  the  popular  vot-e, 
leaving  che  settlement  pro  or  c^.m  to  the 
majority  of  those  voting  and  not  to  the 
of  the  voters  registered  ;  l^A 
"AS.  It  is  the  dr-clared  and  well- 
i>h  and  purncse  of  the  oppc^uents 
•■cr:i--ti  \i  :\iA  of  those  unfriendly 
'  :  ■  ••  ■.:  I  ••  defeat  said  C'^nstitu- 
d  :,^..i-,  said  pro-:-  '  id 
::i  1  (  a3y  and  ^  :.d- 
"  ^  i     ■  i:i  f:r-or  of  ^d  i  .)n 

r.  'U  ,  r  i  _  d  -  \  es 
— Iij.':-;V,   01   tL.-;   i.i(;ld;-'   ■  ■!  ihe 


ma  J.  )ncy 

knov'ii  V 
of  r  'V  r 
to  tIm.  '  ■ 


28 


JOUEN^xL  OP  THE  CONSTITUTIONAI.  CONTONTIOK 


government,  and  endangers  the  ratiiication 
of  sftid  constitutions. 

Wherefore  your  petitioners  pray  that  Con- 
gress so  alter  and  amend  the  present  laws 
LIS  to  require  only  a  majorit}^  of  the  regis- 
tered voters  voting  on  the  question  to  de- 
termine for  or  against  the  adoption  of  the 
said  constitutions. 

Resolved,  That  the  President  of  this  Con- 
vention forward  immedi;it:dy  copies  of  thi-^ 
memorial  to  the  President  of  the  Senate  p.nd 
Speak^^r  of  the  House  of  K-epresentatives  of 
the  Congress  of  the  United  States,  with  the 
request  that  the  same  be  laid  before  their 
respective  bodies. 

Mr.  Pinchba<:'k,  of  Orleans,  moved  to 
suspend  the  rules  to  ]3ass  the  resolution  to 
its  second  reading. 

The  rules  were  suspended  and  the  resolu- 
tion, upon  its  second  reading,  was  adopted. 

The  order  of  the  day  was  announced. 

By  Mr.  Crane,  of  Orleans  : 

Resolved,  That  it  be  a  standing  order  of 
the  Convention  that  the  Convention  shall 
every  day  at  —  o'clock  resolve  itself  into  a 
committee  of  the  whole  Convention,  to 
consider  therein  all  reports  from  standing 
and  special  committees,  on  such  proposi- 
tions as  shall  be  referred  to  or  made  from 
said  committees. 

Mr.  Crane  Amoved  to  fill  the  blank  by  in- 
serting one  o'clock.  Adopted. 

Mr.  Crane,  of  Orleans,  moved  to  adopt. 
Carried. 

By  Mr.  Newsham,  of  West  Feliciana  : 

Whereas,  By  supplementary  acts  of 
Congress,  passed  March  2,  1867,  it  is  de- 
clared that  no  legal  State  Government 
exists  in  Louisiana.  And  by  an  act  passed 
supplementary  thereto  on  the  23d  day  of 
March,  1867,  it  is  enacted  that  if  said  gov- 
ernments vrere  continued  they  were  to  con- 
tinue subject  in  all  respects  to  the  paramount 
authority  of  C<»ngress  ;  and 

Wkeeeas,  It  is  made  the  duty  of  the 
district  commanders  to  remove  from  office 
all  persons  in  office  disloyal  to  the  United 
States  and  not  citizens  thereof  ;  and 

Wkeeeas,  Boards  of  registration  were 
created  by  said  acts  of  Congress  for  the 
purpose  of  registrating  citizens  loyal  to,  the 
Union  ;  and 

Whereas,  The  right  to  remove  from 
office  is  vested  in  the  Military  Commander 
of  the  District  ;  and 

Whereas,  Many,  if  not  a  majority  of  the 
parish,  and  judicial  and  municipal  officers 
of  the  State  are  now  held  by  persons  dis- 
franchised, and  not  citizens  by  the  pro- 
visions of  said  paramount  law  or  lav/s  of 
Cona^-ess  :  and 


j  W^HEREAS,  This  Convention  is  the  legal 
!  creation  of  the  said  acts  of  Congress,  con- 
I  vened  for  the  purpose  of  making  a  Consti- 
j  tution  and  ci^dl  government  for  the  State  of 
I  Louisiana;  and 

I  Whereas,  It  is  a  well  established  j^rin- 
i  ciple  of  law,  that  no  person  not  a  citizen 
'  can  legally  hold  an  office,  and  it  being  im- 
possible to  organize  with  the  present  dis- 
loyal element  of  the  State  in  office,  all  or 
many  of  whom  are  disfranchised  by  said 
act  of  Congress;  therefore,  be  it 

Resolved,  That  the  loyal  people  of  Louis- 
iana, in  Convention  assembled,  do  respect- 
fully recommend  to  W.  S.  Hancock,  Major 
General  Commanding  the  Piftli  Mihtaryl 
District,  the  removal  from  office  of  all  per- 
sons in  the  State  of  Louisiana,  disfran 
chised  by  said  act  of  Congress,  and  the  ap 
pointment  of  loyal  men,  citizeiLs,  in  tlieii 
place. 

Mr.  McMillen,  of  CarroU,  moved  its 
reference  to  a  Committ-ee  of  the  Wliole, 

Which,  after  some  discussion,  was  adopted. 

By  Mr.  Lynch,  of  Carroll: 

Resolved,  That  the  delegates  to  this  Con- 
vention be  and  they  are  hereby  allowed 
eight  dollars  per  day  for  thirty  days,  and: 
the  same  mileage  allowed  to  the  members[ 
of  the  last  Legislature  of  this  State;  but  no 
pay  shall  be  allowed  to  delegat-es  for  the 
time  v/hich  this  Convention  may  remain  inj 
session  after  the  expiration  of  thirty  days,! 

Which  on  motion  was  laid  on  the  table, 

Mr.  McMillen,  of  Carroll,  moved  to  re 
consider  the  vote  on  tabling. 

Mr.  Pinchback,  of  Orleans,  moved  to  lay: 
the  motion  to  reconsider  on  the  table 
Carried. 

By  Mr.  Packard,  of  Orleans,  right  bank 

Y/hersas,  The  framing  and  adopting  oi 
the  organic  law  of  the  State  is  the  impor- 
tant business  for  which  the  Conventior 
was  convened;  therefore,  be  it 

Resolved,  That  the  Committee  on  Drafi 
of  the  Constitution  be  instructed  to  pre 
pare  and  submit  to  this  Convention  a  "dxaft 
of  Constitution,"  and  in  order  that  the  saic 
committee  be  enabled  to  submit  their  re 
port  at  the  earliest  possible  time,  the  com 
mittee  are  granted  permission  to  sit  during 
the  session  of  this  Convention  Vvhile  pre 
paring  their  report. 

Mr.  Bertonneau,  of  Orleans,  moved  tc 
lay  on  the  table,  but  v,dthdrew  his  motior 
on  account  of  the  absence  of  the  mover  o\ 
the  resolution. 

Mr.  Pincliback,  of  Orleans,  moved  to  la^ 
on  the  table  subject  to  call.  Carried. 


JOURNAL  OF  THE  CONSTITUTIOXAL  CONYEXTIOX. 


29 


Mr.  Hie^tancl,  of  Natcliitoclies,  offered 
.he  following: 

WHERTiAS,  It  is  necessary  for  the  beat 
nterests  of  the  State  that  a  coireot  account 
houkl  be  kept  of  all  expenses  incurred  in 
printing  the  proceeJiings of  this  Convention; 
36  it, 

Eesolred,  That  the  Committee  on  Print- 
jig  be  anthorized  to  employ  a  clerk  for 
:hat  purpose,  and  for  fill  other  servuces  that 
le  may  be  required  to  perform  bv  said 
3ommittee. 

Mr.  Xewsham,  of  West  FeHciana,  moyed 
its  reference  to  a  committee  of  the  Vr'hole, 
but  -withdrew  his  motion  temporarily. 

Mr.  Hiestand,  of  Xatcliitiches 
adopt. 

Mr.  Tinchant,  of  Orleans,  moved  to 
amend  bj  making  the  apx>ointment  subject 
to  confirmation  of  the  Convention. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
amend  by  providing  a  clerk  to  be  allowed,  to 
every  other  standing  committee. 

On  mot-ion  the  resolution  and  amendments 
were  laid  on  the  taV>le. 

Mr.  Meadows,  of  Claiborne,  ofiered  the 
folio  wine?  : 


the  proprietors  thereof  be  and  they  are 
hereby  employed  to  pubhsh  regularly  the 
proceedings  of  this  body,  now  assembled  in 
a  Convention,  to  form  a  constitution  loyal  to 
the  Government  of  the  United  State.s,  for 
which  they  shall  be  recompensed  by  the 
State  likevdse  as  general  other  printers  are 
paid,  a  pro  rata  customary  to  the  rules  of 
printing. 

Referred  to  Committee  on  Printing. 

KEPOETS  OP  STANDING  COMMITTEES. 

Committee  on  Legislation— Xo  report. 
Committee  on  the  Judiciary- — No  report. 
Committee  on  the  Executive — Xo  report. 
Co  nmittee   on  General  Profusions — No 


moved  to  '  report. 

i    Committee  on  Ordinance  and  Schedule  — 
1  Reported  progress. 
:     Commit ree  on  Printing — Xo  report. 
I    Committee    on   Finance — Reported  no 
j  fundus. 

!  Committee  on  Milititt — Reported  pro- 
'  gress. 

j  Committee  on  Internal  Improvement — 
I  No  report. 

Committ-ee  on  Bill  of  Rights — Pi^ported 
i  progress. 

I  Committee  on  Draft  of  the  Constitution — ■ 
;  Reported  no  action  of  the  Committee  Jis  yet 
!  called  for. 


H-^solced,  Tliat  all  children  now  bound 
out  in  the  State  of  Louisiana  a.i^ainst  the 
will  of  their  parents  be  and  hereby  are  re- 
leased, if  said  parents  do  so  desire. 

Referred  to  Committee  on  Bill  of  Right-s. 
By  Mr.  Schwab,  of  Jefferson  : 
Whep.eas,  All  sources  and  instrumentali- 
ties within  the  control  of  this  body  should 
be  used  for  the  puq^ose  of  enUghtening  the 
great  masses  of  the  people  in  this  State,  and  '  Clerks, 
to  show  the  world  at  largo  that  we  are  well ,     Mr.  H 


,:eop, 
Con- 


aware  that   our   enomi-^3   are  iiot,  r 
which  is  shown  by  tho  olfort  of  shf 
serv'ative  piirty,  thoir  combined  pr*s3,  leay- 
ing  nothing  untried  in  iujuriu!;',  innuising 
and  belittling  the  Republican  party  ;  and  i 


Committee  on  Enrollment  reported  as 
follows : 

To  the  President  and  Members  of  the  Convention  : 

The  "Committee  on  Enrollment"  beg 
leave  to  report  that  they  held  their  first 
meeting  on  Saturday  evening,  at  which 
meeting  all  the  members  of  the  committee 
being  present,  they  elected  a  Cliief  Enroll- 
ing Clerk,  and  two  Assistant 
"  -kii. 

Berthelot  elected  Chief  Enrolhng 
Clerk,  and  M'ef^ars.  A.  Snaer  and  Wzdker 
Belden,  Assistant  Enrolling  Clerks. 


The  committer  respectfully  request  that 
the  above  ele-ction  be  approved. 

John  B.  Taicdhbgrifp, 
as  their  machinations  will  never  cease,  and!       Ohainnan  Committee  on  Enrollment, 
they  T^-ill  not  even  shrink  from  using  vio-  j     Laid  over  under  the  rulea. 
lence  to  prevent  the  adoption  of  the  Consti- ! 


tntion  to  be  submitted  by  this  Convention 
to  the  peoj^le  of  the  State  of  Louisiana  ; 
and 

Whereas,  The  German  Gazette,  the  only 
papier  to  represent  so  largely  a  population, 
not  oiily  in  the  State  of  Louisiana,  but  in 
all  adjoining  States,  and  are  a  people 
always  loyal  to  the  United  States,  good  and 
true  citizens:  therefore,  be  it 

Ih-'solred,  That  the  resolution  of  the  un- 
dersigned be  unanimously  granted  to  have 
the  proceedings  of  this  Convriiti  n  also 
printed  in  the  German  Gazette,  and  that 


Committee  on  Contingent  Expenses  re- 
ported as  foUowa  : 

Te  the  President  and  members  of  the  Committee  : 

The  Committee  on  Contingent  Expenses, 
beg  leave  to  report  that  they  have  met  and 
organized  and  deeming  it  essentially  neces- 
sary to  have  a  clerk  to  this  Committee,  have 
elected  Mr.  E.  Longpre.  Jr.,  as  clerk  thereto., 
Respec  tf uhy  submitted, 

Hy.  BOXSEIGXEI-P, 

Chairman  of  the  Committee  on  Contingent 
Expenses.    December  3d.  1667. 

Lies  over  under  the  ndes. 


so 


JOUEXAL  OF  THE  CONSTITUTIONAIi  OONYENTIOK 


BjMr.  WickliHe,  of  Orleans: 
Y/hi^eea;-;,  It  in  the  earnest  desire  of  the 
:>i*  Louisiiinft,  now    in  CoJivention 
d,  to  reconsTRc-t  this  Huite  Ui  })>?v- 


peo})i 

V.U  J' 


tho  \\ 


of 


ronstr 
])oav  1 

1 

jivli^-i; 
tilled  ■• 

Goner 
to  i 
rr.t 


.■  tjK 


of  the  Congrcs; 
.is  eA'.)iesse(l  in  the  re- 
Luvft  }3assed  bj--  tli:  t  ;:ri.:^:ifjt 
/'•overnment  of  tht  S:>dt  s  late- 
'■c,!i(~>u;  and 

'xf-;.  It  is  utterly  inipor.  d  rile  to  car- 
1  ]  e  -^.'.-ill  of  Congress  as  t.i<n-2in  ex- 
I  I''-  L  tli('  reconstruction  of  tins  State, 
di<<  B;c.te,  municipal,  parish,  and 
1  omees  throughout  the  State  are 
y  n;en  of  undoubted  loyalty  to  the 
.1  ( government,  prior  to  the  attenix)t 
ibmit  th«^  Constitution  to  the  people  for 
icidion,    or  to   take  any  other  steins 


toward  tlie  reconstruction  of  this  State; 
and 

Wheeeas,  The  power  of  this  Convention 
of  the  })eople  of  Louisiana  to  accompiif<h 
this  essential  prerequisite  to  a  reconstruc- 
tion, Tiz :  the  removal  of  all  disloyal  men 
now  in  ofice  throughout  the  State,  and  th« 
instaUing  in  their  places  men  of  known  and 
tried  loyalty — is  not  as  clearly  defined  by 
the  said  reconstruction  acts  as  is  desirable; 
therefore, 

Remhed,  That  this  Convention,  elected 
by  the  loyal  x)eople  of  Louisiana  in  obedience 
to  tlie  L.' ws  of  Congress,  and  representing 
dir;^cth-  and  legally  tlie  feelings,  sentiments, 
Vk-islies,  and  purposes  of  the  loyal  people  of 
Louisiana,  both  white  and  colored,  do  here- 
by earnestly  petit'oa  Congress,  at  the  earli- 
est possible  moment  to  pass  an  enabling  act 
giving  power  to  this  Convention,  as  the 
representatives  of  the  loyal  people  of 
Louisiana,  to  remove  from  office  all  men 
throughout  the  State  who  noAV  are,  or  may 
be  in  any  State,  municipal,  parish,  or  judi- 
cial ofiice,  and  who  now  are  or  may  be  im- 
i:>ediment3  to  the  reconstruction  of  Louisi- 
ana in  accordance  with  the  reconstruction 
laws  of  Congress,  and  fill  those  oriices  with 
men  of  undoubted  loyalty  and  sympathy 
with  the  expressed  will  of  Congi-ess,  and 
require  the  commanding  general  of  the 
Fifth  Military  District  to  render  all  desired 
and  necessary  aid  in  order  to  carry  out  the 
will  of  Congress  in  reconstructing  this 
State:  Provided,  That  all  appointments 
thus  made  shall  be  temporary,  and  the  in- 
cumbents thus  aj^pointed  shall  hold  their 
ofi6.ces  until  their  successors  are  duly  elected 
under  the  Constitution  to  be  submitted  by 
this  Convention. 

Resolved,  That  copies  of  these  resolutions 
be  foi-warded  by  the  President  of  this  Con- 
vention to  the  honorable  Speaker  of  the 
House  of  Representatives  at  Y/ashington, 
and  the  honorable  President  of  the  United 
States  Senate,  requesting  them  t-o  lay  the 


same  before  the  respective  bodies  o\ 
which  they  preside,  and  to  urge  immedin 
action  thereon. 

Lies  over  under  the  rules. 
By  Mr.  Blackburn,  of  Claiborne: 
An  Oedin'ance  to  provide  means  to  defr 
the  expenses  of  the  Constitutional  Cc 
vention  of  the  State  of  Louisiana,  by  t 
issue  of  bonds  of  the  State  for  five  hn 
dred  thousand  dollars,  bearing  interest 
eight  per  cent,  per  annum,  and  to  pro^i 
for  the  redemption  of  said  bonds: 
Section  1.  We,  the  peojjle  of  the  State 
Louisiana,  in  Convention  assembled,  in  j 
cordance  wili.  the  act  of  the  Congress  of  t 
United  States  of  America,  passed  March  t 
23d,  1857,  do  declare  and  ordain,  and  it 
hereby   declared   and  ordained,  that  t 
President  of  the  Convention  be  and  he 
hereby  authorized  and  directed  to  iss 
bonds  of  this  State  to  be  .signed  by  him  a: 
countersigned  by  the  chairman  of  the  Co: 
mittee  on  Contingent  Expens«»s,  and  to 
sealed  with  the  seal  of  the  State,  to  t 
amount  of  five  hundred  thousand  dolla 
payable  in  two  years  from   date  of  issi 
with  interest  at  the  rate  of  eight  per  cei 
per  annum,  to  be  paid  with  the  principal 
the  maturity  of  said  bonds;  and  for  t 
payment  of  these  bonds  and  interest  t 
faith  of  the  State  of  Louisiana  to  be  and 
hereby  unconditionally    pledged    to  t 
holders  thereof. 

Sec.  2,  Be  it  furthey^  declared  and  or  da  i.m 
That  for  the  payment  of  said  bonds  a: 
interest,  the  sum  of  two  hundred  a: 
seventy  thousand  dollars  shall  'oe  annua 
set  apart  as  a  special  fund  by  the  Sti 
Treasurer,  from  the  first  monies  received 
the  State  Treasury,  beginning  with  fi 
day  of  January,  Anno  Domini,  eighte 
hundred  and  sixty-eiglit,  and  continui 
until  the  final  extinction  by  payment 
said  bonds  and  interest. 

Sec.  3.  Be  itf  nrtlier  declared (ntd  ordrdm 
That  in  order  to  ^^rovide  for  the  extincti 
of  said  bonds  and  interest,  the  Auditor 
the  State  is  hereby  directed  to  determi 
what  rate  of  additional  taxation  on  t 
total  assessed  value  of  all  the  taxable  mc 
able  and  immovable  property  of  the  Sta 
is  necessary  for  the  payment  of.  said  boi 
and  interest;  and  when  ascertained,  it  sh 
be  his  duty,  and  he  is  hereby  directed 
notify  the  Sheriffs  and  Tax  Collectors 
the  State,  the  rate  of  the  additional  ta: 
tion  ascertained,  and  which  additional  i 
is  hereby  fixed  and  declared  lawful;  a 
shaU  be  le\i.ed  ux3on  all  taxable,  movable  a 
immovable  property  of  the  State,  that  m 
have  been  assessed;  and  it  shall  be  the  di 
of  the  Sheriff's  and  Tax  Collectors,  and  w 
are  hereby  directed  to  collect  said  tax,  a 


JOUBNAL  OF  THE  CONSTITUTIONAL  CON^^EINTION. 


31 


the  collection  of  tlie  same  shall  be  enforced  | 
£i3  the  law  provides  or  mftv  hereafter  pro- 1 
vide  for  the  collection  of  taxes.  j 
Sec.  4.  Be  iff'/r/her  ded'n'cd  and  ordain-  \ 
ed,  That  said  bonds  shall  be  for  one  thou- ; 
sand  dollars  each  in  amount,  with  interest : 
of  eight  per  cent,  per  annum  ;  they  shall  be  i 
receivable  any  date  after  issue,  with  interest  ! 
calculated  and  allovred  up  to  date  of  ro- 1 
ceiptj  by  the  Sheriffs,  Tax  Collectors  and  j 
Stale  Treasurer  lor  all  State  taxes  or  other  | 
i3ublic  dues,  as  well  as  for  the  sale  of  public  | 
lands.  i 


Sec 


Be  itfurdier  d'^'dared  <ind  or 


ed,  That  tliesum  of  six  thousand  dollars  be 
and  the  same  is  hereby  appropriated  from 
the  proceeds  of  the  sale  of  said  bonds,  to 
i^aythe  expenses  of  lithograiniing  and  print- 
ing said  bonds. 

Sec.  6.  Be  itf  urdier  declared  and  ordain- 
ed, That  the  chairman  of  the  Committee  on 
Contingent  Expenses  be  authorised  and  he 
is  hereby  empowered  to  appoint  a  person, 
who  shall  lis  ve  said  bonds  lithograjjlied  and 
printed,  and  negotiate  the  same  on  terms 
the  most  favorable  to  be  obtained. 

Sec.  7.  Be  itfurdier  declared  and  ordain- 
ed, That  the  proceeds  of  the  sale  of  said 
bonds  shall  be  deposited  in  the  State  treas- 
ury, and  so  much  as  may  be  required  to 
defray  the  expenses  of  this  Convention  shall 
be  warranted  upon  the  President  of  this  Con- 
vention and  countersigned  by  the  chairman  ' 
of  the  Committee  of  Contingent  Expenses,  I 
auvi  the  State  treasury  shall  pay  the  same  ;  j 
and  the  balance  of  the  money  not  used  shall  I 
be  by  the  State  Treasurer  placed  to  tlie  i 
credit  of  th 
until  t]^:  met 


eiected  under 


of  the  General  Aj-'.senibh 
provisions  of  the  Consti- 


tution of  this  Convention,  to  be  used  as 
they  m.iy  direct. 

Mr.  Blackburn  asked  its  reference  to 
Committee  on  Contingent  Expenses. 

Mr.  Crawford,  of  Caldvreil,  moved,  its 
reference  to  Committee  on  Finance. 

Mr.  Crane,  of  Orleans,  moved  to  amend 
by  adding  vrith  instructions  to  report  forth- 
with, and  that  it  be  made  the  special  order 
in  the  Committee  of  the  Whole. 

Mr.  Belden,  of  Orleans,  moved  to  amend 
by  making  it  the  order  of  the  day  for 
Thursday. 

Mr.  Blackburn,  of  Claiborne,  claimed 
that  his  motion  to  refer  had  precedence. 

Mr.  Crawford,  of  Caldwell,  rose  to  a 
point  of  order,  that  the  motion  to  amend 
liad  i3recedence, 

Mr,  Crane,  of  Orleans,  moved  to  refer 
to  a  Committee  of  the  Whole,  Carried. 


Mr.  Lynch,  of  CaiToU,  moved  that  the 
Ct)mmittee  on  Finance  be  discharged. 

Mr.  McMillan,  of  Carroh,  moved  to 
amend  by  abolishing  both  the  Committee 
on  Finance  and  the  Committee  on  Contin- 
gent Expenses  and  appointing  in  theii' 
place  a  Committee  on  Ways  and  Means. 

Mr.  Jones,  of  Orleans,  moved  to  lay  the 
amendment  and  motion  on  the  table.  Car- 
ried. 

Mr.  McMillan,  of  Carroll,  asked  to  be 
excused  from  ser^rdng  on  the  Committee  to 
wait  on  General  Hancock,  and  v>'^as  so  ex- 
cused and  Mr.  Nev>'sham,  of  West  Feliciana,, 
appointed  in  his  place. 

On  motion  the  Convention  resolved  itself 
into  a  Committee  of  the  Whole,  for  the 
coDsideration  of  the  resolution  of  Mr. 
Newsham,  of  West  Feliciana,  and  Mr. 
Waples  was  called  to  the  chair. 

The  Committee  of  the  Yv'hole  rose  and, 
through  its  chaii'man,  reported  progTess  to 
the  Convention. 

At  4  o'clock  the  Convention,  on  motion 
of  W,  L.  McMillan,  of  Carroll,  adjourned  to 
Wednesday,  December  4,  18G7,  at  11 
o'clock  A.  M. 

A  true  coi^y: 

^  Y\'M.  YIGERS,  Secretary. 

NINTH  DAY. 

New  Osleaxs.  Wednesday,  Dec.  4,  1887. 
The  Convention  was  called  to  order  at 
11  o'clock  A.  M. 

The  Secretary  proceeded  to  call  the  roll 
and  the  following  delegates  answtiid  to 
their  names  : 

Tahaferro,  Antoine,  Baker,  Barrett,  Belden, 
Blandin,  Bonseigneur,  Bonnefoi,  Brown, 
Burrell,  Butler,  Gooiey,  Crane,  Crawford, 
Cromwell,  Cuney,  Bearing,  Demarest, 
l>epasseau,  Douglass,  Dupart,  Dupart,  Du- 
plessis,  Esnard,  FuHer,  FergTisou,  Gaii*, 
Gardner,  Gould,_  Guichard,  Harper,  Har- 
ris, Harrison,  Hempstead,  Hiestand,  In- 
graham,  IsabeUe,  Jackson,  Jones,  Kelso, 
Landers,  Lange,  Leroy,  J.  B.  Lewis,  Lewis, 
Ludeling,  Lynch,  Marie,  Martin,  Massicot, 
Meadows,  McLeran,  Morris,  Moses,  Murrell, 
Mushaway,  Myers,  Newsham,  Oliver,  Pack- 
ard, Pierce,  Pinckback,  Poindexter,  Pol- 
lard, Eeagan,  Eeese,  Riard,  Biggs,  Rodii. 
guez.  Sella wb,  Snaer,  Scott,  Snider,  Tin 
baut,  Tinchant,  T\^dtcheU,  Underwood,  Yal- 
froit  Yandergriff,  Yidal,  Wickhffe,  Wil- 
liams, Wilson — 83  members  present. 


32 


JOURNAL  OF  THE  CONSTITUTIONAL  CON^m^TION. 


Prayer  by  the  Rev.  Dr.  Henry.  ] 
The  minutes  were  read.  { 
Mr.  Waples,  of  Orleans,  asked  that  they ! 
be  corrected  by  stating  Mr.  Crane's  motion  j 
to  refer  to  the  Committee  of  the  Yv^hole  as 
a  motion,  and  not  as  an  amendment. 

OREGINAXi  RESOLUTIONS. 

By  Mr.  Smith,  of  Orleans: 
Wher^ias,  It  is  absolutely  necessary  that 
some  provisions  should  be  made  for  the  ijut- 
pose  of  enabling  members  to   draw  their 
per  diem;  and 

Whereas,  There  are  persons  in  this  city 
who  are  willing  to  cash  the  warrants  with 
a  reiisonable  discount;  therefore,  be  it 

Resolved,  That  a  Warrant  Clerk  be  elected 
by  this  Convention  for  the  pur]3ose  of  en- 
abling the  members  to  draw  their  v/arrants 
of  $ —  per  day,  the  amount  to  be  fixed  by 
the  Convention. 

Mr.  Smith,  of  Orleans,  moved  to  suspend 
the  rules  that  the  resolution  may  pass  to  its 
second  reading. 

Mr.  Wickliffe,  of  Orleans,  rose  to  the 
point  of  order,  that  under  the  former  rulings 
of  the  chair  all  resolutions  having  reference 
to  subjects  other  than  those  of  direct  legis- 
lation are  considered  as  motions  and  acted 
upon  accordingly. 

Mr.  Cooley,  of  Point  Coupee,  submitted 
the  following  amendment: 

Resolved,  That  the  members  of  this  Con- 
vention receive,  in  compensation  of  their 
services,  the  same  per  diem  and  mileage 
allowed  to  the  members  of  the  General  As- 
sembly of  Louisiana  under  existing  laws, 
and  that  the  Pre.sident  of  the  Convention 
be  authr)rized  to  iasue  a  warrant  in  favor  of 
members  for  aU  sums  due  to  them  .-^t  the  rnt-e 
above  e.st'.i.bhshed,  fc^r  any  number  of  days 
not  less  than  six;  said  warrant  to  be  att^-^>^- 
ed  by  the  Secretary  of  the  Convention. 

Mr,  Newsham,  of  West  reliciana,  sub- 
mitted the  following  amendment: 

Resolved,  That  the  members  of  this  Con- 
vention receive  for  their  servicers  the  sum 
of  ten  dollars  per  day. 

Mr.  Hempstead,  of  Assumption,  sub- 
mitted she  follo^\^ng  amendment: 

To  fin  the  blank  in  Mr.  Smith's  reso- 
lution by  the  figure  "10." 

Mr.  Belden,  of  Orleans,  submitted  the 
following  substitute  as  an  amendmeii  '  : 

Resolved,  That  the  pay  of  delegritrs  to 
this  Convention  be  ten  dollars  per  (Uy  dur- 
ing the  session  thereof,  except  such  ay  may 
iail  to  attend  at  any  timej  and 


Be  it  further  resohed.  That  all  the  dele- 
gates to  this  Convention  (exce^jt  from  the 
parish  of  Orleans)  shall  receive  the  lurthei 
sum  of  twenty  cents  per  mile  going  to,  and 
tw^enty  cents  per  mile  rotui-ning  from  the 
session  of  this  Convention,  which  should  be 
calculated  and  idlowed  according  to  the  dis- 
tance by  the  usually  traveled  route  from 
the  domicil  of  each  delegate  to  the  city  o1 
Nev/  Orleans,  Louisiana. 

Mr.  Crawford,  of  Caldwell,  moved  the 
reference  of  the  resolution  and  amendmeni 
to  a  select  committee  of  five,  with  instruc 
tions  to  report  as  early  as  possible. 

Mr.  Smith,  of  Orleans,  moved  to  lay  or 
the  table  all  the  previous  amendments 
Carried. 

Mr.  Smith,  of  Orleans,  moved  to  adoj) 
the  resolution. 

Mr.  Wicklifi'e,  of  Orleans,  moved  to  amenc 
by  striking  out  the  word  "appointed,"  anc 
inserting  tlie  word  "elected." 

Mr.  Waples  subniitted  the  following 
amendment  : 

To  amend  by  striking  out  a  ' '  Yr'' arrant  Cler] 
be  appointed,"  and  inserting  "  the  duties  o 
the  Warrant  Clerk  shall  be  performed  by  th 
Secretary." 

Mr.  Wickliffe,  of  Orleans,  called  tho  ai 
tention  of  tho  chair  to  the  fact  that  th 
hour  for  the  order  of  the  day  had  arrived 
and  moved  to  suspend  the  rules  and  posi 
pone  the  order  of  the  day  to  one  o'clock,  t 
allow  the  determination  of  the  subject  be 
fore  the  Convention. 

The  rules  were  suspended  by  a  two  thir 
^  vote. 

i     Mr.  Bertonneau,  of  OrleaiiB,  chilled  for  tb 
I  previous  quoi-ition,  wiiich  upon  tho  stat( 
mont  of  tho  chair,  wtts  demended  by  a  mi 
jority  of  the  Convention. 

The  chair  stated  the  question  to  be  upo 
the  amendment  by  Mr.  Waples,  of  Orleani 
which  was  lost. 

The  question  on  the  original  resolutio 
was  then  put  to  the  Convention,  and 
was  adopted. 

Mr.  Crane,  of  Orleans,  nominated  fc 
Warrant  Clerk  Mr.  J.  L.  Montieu. 

Mr.  Jones,  of  Orleans,  nominated  Jam(i 
Newton. 

Mr.  Eeagan,  of  East  Baton  Eouge,  nonj 
.inated  Mr.  S.  Wrotnowski. 


JOUENAL  OF  THE  CONSTITUTIONAL  COX^'EXTION. 


33 


Mr.  Packard,  of  Orleans,  (right  bank) 
nominated  Mr.  A.  Gury,  Jr. 

The  Chair  appointed  a,s  tellers  Messrs. 
Smith,  Douglass  and  R.  H.  Isabella,  and 
the  Convention  proceeded  to  vote  by  ballot 
for  a  Warrant  Clerk,  with  the  following  re- 
sult: 

J.  L.  Montieu  received  64  vot^s;  S. 
Wrotnowski  received  15  votes;  James  New- 
ton received  5  votes;  Wm.  Vigers  received 
5  votes;  A.  Gury,  Jr.,  received  2  votes. 

And  Mr.  J.  L.  Montieu  was  declared  to 
be  duly  elected  Warrant  Clerk  of  this  Con- 
vention. 

Mr.  Belden  of  Orleans,  offered  the  fol- 
lowing resolution : 

Resole  ed,  That  the  pay  of  delegates  to 
this  Convention  be  ten  dollars  per  day  dur- 
ing the  session  thereof,  except  such  as 
may  fail  to  attend  at  any  time;  and  be  it 
further 

ResoUed,  That  aU  the  delegates  to  this 
Convention  (except  from  the  parish  of 
Orleans)  shall  receive  the  further  sum  of 
twenty  cents  per  mile  going  to  and  twenty 
cents  per  mile  returning  from  the  session 
of  this  Convention,  which  should  be  calcu- 
lated and  allowed  according  to  the  distance 
by  the  usually  traveled  route  from  the 
doniicil  of  each  delegate  to  the  city  of  New 
Orleans,  La. 

Mr.  Newsham,  of  West  Feliciana,  sub- 
mitted the  following  amendment: 

The  compensation  of  members,  officers, 
and  employees  of  this  Convention  shall  be 
as  fol'.ows,  in  United  Statas  Treasury  notes: 
Each  member  shall  receive ....  $10  per  day. 
Secretary,  Assistant  Secre- .... 

tary,  and  Minute  Clerk   10  per  day. 

Sergeant-at-Arms  and  Assis- 
tants   8  per  day. 

Wan-ant  Clerk  and  Enroling 

Clerk   6  per  day. 

Doorkeeper   5  per  day. 

Pages  and  Postmaster,  each ....    3  i^er  day. 

The  mileage  of  each  member  from  the 
country  parishes  shall  be  twenty  cents  per 
mile  coming  to  the  Convention  and  re- 
turning to  their  homes.  All  compensation 
to  officers  and  employees  shall  commence 
from  the  day  of  their  election  or  apiDoint- 
ment. 

Mr.  Crawford  moved  to  amend  by  sub- 
stituting $8  for  810  as  the  pay  of  members 
of  the  Convention. 

Mr.  Belden,  of  Orleans,  rose  to  the  point 
of  order  that  the  paper  offered  by  the  mem- 
ber from  West  Feliciana  was  a  substitute 


for  the  original  resolution  and  subsequent 
amendments  were  not  in  order  till  it  was 
disX)Osed  of. 

Mr.  Waples,  of  Orleans,  rose  to  a  point 
i  of  order  that  under  the  r;iles  a  substitute 
I  should  be  treated  as  a  motion  to  amend,  and 
I  should  be  governed  by  the  rules  relating  to 
'  amendments. 

I    And  it  was  so  ruled  hj  ti  e  chair. 
I    The  ayes  and  nays  were  ca'led  for  by  Mr. 
I  Cra^-ford,  of  Calavre'l,  and  seconded  by 
;  one  fifth  of  the  Conv^ii'':ion. 

The  cjuestion  wa.:.  y\t  upon  the  amend- 
ment of  Mr.  Cra--^  ^1.  of  Caldwell.  The 
j  Secretaiy  iDroceech-^i.  to  call  the  roll  with 
!  the  f ollomng  result  : 

I  Ayes:  Barrett,  Bertonneau,  Cooley, Crane, 
■  Crawford,  Cuney,  Dearing,  Depasseaii, 
DoMglass,  Dux^lessis,  E3:ii\r  J,  i'^erg-json, 
Harrison,  E.  H.  I^abelle,  Tlionias  Istabelle, 
j  Kelso,  Landers,  Ludeling,  Lynch,  Mc- 
jLeran,  McMiilen,  Myevs."  Packard,  Poin- 
I  dexter,  Eiard,  Smith,  Steele,  Tliibaut, 
I  Twitch eU,  Yandergriff,  Yidal,  WicMiffe, 
I  Williams — 32  ayes. 

I    Nays:  Antoine,  Baker,  Belden,  Bla-ck- 
'  burn.  Biandin,  Bonnefoi,  Brovvn,  Burrell, 
i  Butler,    Cromwell,  Demarest.  P.  G.  Des- 
I  londe,  G.  Dupart,  U.  Dupurt,  Fiancois, 
Gair,    Gardner,    Harper,    Harris,  Hemp- 
!  stead,  Hiestand,  Ingraham,  Jackson,  Jones, 
Lange,    Leroy,  J.  B.    Lewis,    E.  Lewis, 
Marie,  Martin,  Massicot,  Meadows,  Morris,. 
Moses,  Murrell,  Musliavv-ay,  Newsham,  Oli- 
ver, Pierce,  Pinchback,  Pollard,  Eeag'an,. 
Eeese,  Eiggs,  Eoberts,  Eodriguez,  Schwab, 
Scott,  Snider,  Tinchant,  Underwood,  Yal- 
froit,  Waples — 53  nays. 

And  the  amendment  was  lost. 
The   question  was  then  put  upon  the* 
amendment  of  Mr,   Newsham,   of  West 
Feliciana. 

The  ayes  and  nays  were  demanded  by  Mi'ij 
Lynch,  of  Carroll,  and  seconded  by  one 
fifth  of  the  Convention. 

The  roll  was  called  ^-ith  the  foUomDg 
result  :    Ayes  66  ;  nays  23. 

The  following  Delegates  voted  aye  : 

Antoine,  Baker,  Belden,  Bei-tonneati^ 
Blackburn,  Biandin,  Bonseigneur,  Boa« 
nefoi,  Bro^m,  Bui-rell,  Butler,  Crane,  Crom* 
wen,  Cuney,  Demarest,  Depasseau,  P.  G. 
Deslonde,  Douglass,  G.  Dupart,  U.  Dupart, 
Duplessis,  Francois,  Gair,  Gardner,  Gui- 
chard,  Harj^er,  Harris,  Hempstead, Hiestand 
Ingraham,  IsabeUe  E.  H.,  Jackson,  Jones, 
Lange,  Leroy,  J,  3,  LeTiis,  E,  Lewis^ 


34 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Marie,  Martin,  Massicob,  Meadows,  Morris, 
Moses,  Mnrrell,  Mnshaway,  Newsliam, 
Oliver,  Pierce,  Pollard,  Reagan,  Reese, 
Riggs,  Ro>)ert^  Rodriguez,  Schwab,  Smith, 
Suaer,  Scott,  Snider,  Steele,  Tinchant, 
Yalfroit,  Yidal,  Waples,  Wilson— 66  nays. 

The  following  delegates  voted  nay: 

Barrett,  Cooley,  Crawford,  Bearing,  Es- 
nard,  Ferguson,  Harrison,  Isabelle  Thomas, 
Kelso,  Lnnders,  Ludeling,  Lynch,  Mc- 
Leran,  McMillen,  Packard,  Pinchback, 
Poindext-T,  Riard,  Twitchell,  Underv/ood, 
yandergnff,  AYickliffe,  Williams —23  nays. 

And  the  amendment  was  adopted. 

Mr.  Waplss  submitted  the  following: 

Resolved,  That  the  p&}-  diem  and  compen- 
sation allovved  to  members  of  this  Conven- 
tion shall  be  reduced  half,  after  the  twen- 
tieth day  from  that  and  the  first  day  of  the 
assembhng  of  the  Convention. 

And  moved  to  suspend  the  rules  to  put  it 
upon  its  immediate  i3assage. 

Mr.  Smith,  of  Orleans,  moved  to  amend 
by  inserting  "  30th"  instead  of  "20th  day," 
which  was  accepted  by  Mr.  Waples.  The 
rules  were  suspended  by  a  vote  of  two 
thirds  of  the  Convention. 

Mr.  Bertonneau,  of  Orleans,  called  for  the 
]Drevious  question,  Avhich  was  demanded  by 
a  majorit}^  of  the  Convention. 

The  ayes  and  nays  were  called  for  and 
seconded  by  one  fifth  of  the  members 
present. 

And  the  roll  was  called  with  the  following- 
result  : 

Ayes  37,  nays  47. 

The  following  delegates  voted  aye  : 
Antoine,  Barrett,  Bertonneau,  Bon- 
seigneur,  Cooley,  Crane,  Crawford,  Cuney, 
.Dearing,  Depasseau,  Deslonde  P.  G.,  Do- 
nato,  Douglass,  Esnard,  Fuller,  Harris,  Har- 
rison, Hempstead,  Ingraham,  Isabelle  R. 
H.,  Thos.  Isabelle,  Kelso,  Landers,  Lude- 
'ling.  Lynch,  McLeran,  McMillen,  Mush- 
■away,  Myers,  Newsliam,  Pa^ikard,  Reese, 
Riard,  Smith,  Steele,  Thibaut,  Vandergriff, 
Waples,  Williams— 37. 

The  following  delegates  voted  nay: 
Messrs.  Baker,  Belden,  Blackburn,  Blan- 
din,  Bonnefoi,  Brown,  Butler,  Cromwell, 
G.  Dupart,  U.  Dupart,  Duplessis,  Francois, 
Ferguson,  Gair,  Gardner,  Guichard, 
Harper,  Hiestand,  Jones,  Lange,  Leroy,  J. 
B.  Lewis,"  R.  Lewis,  Marie,  Martin,  Massi- 
cot, Meadows,  Morris,  Moses,  Murrell,  OH- 
ver,  Pinchback,  Poindexter,  Pollard.  Rea- 
gan, Pierce,  Riggs  Rodriguez,  Schwab, 
Snaer,  Scott,  Snider,  Tinchant,  Twitchell, 


Underwood,  Yalfroit,  Wickliffe,  Wilson — ■ 
47  nays. 

And  the  amendment  was  rejected. 

UNPIT^nSHED  BUSINESS. 

By  P.  G.  Deslonde,  of  Iberville  : 
Resolved,  That  the  people  of  the 

State  of  Louisiana  from  a  long  experience 
under  the  white  man's  bondage  in  this 
State,  present  our  thanks  to  the  thirty-ninth 
and  fortieth  Congresses.  Further,  that  we 
indorse  every  deliberation  for  the  op- 
pres^ied  races  of  the  State,  and  are  also 
thankful  to  the  Radical  friends  throughout 
the  United  States  and  elsewhere  on  the  face 
of  the  globe.  We  furthermore  pray 
the  Convention  assem^bled  to  deliberate  tho- 
roughly upon  the  poor  oppressed  people 
under  the  same  basis  of  Congi-ess  of  1867, 
that  all  men  are  created  equal,  heretofore 
citizens. 

Referred  to  the  Committee  on  BiU  of 
Rights. 

By  Mr.  Ingraham,  of  Caddo : 

Be  it  ordained  by  the  people  of  Louis- 
iana in  Convention  assembled : 

Section  1.  That  in  order  to  raise  means 
to  defray  the  expenses  of  this  Convention, 
and  other  matters  appertaining  thereto,  in 
accordance  with  section  8,  act  of  Congress 
March  23,  1867. 

Sec.  2.  That  a  tax  of  fifty  cents  be  levied 
and  collected  upon  each  and  every  gallon  of 
spirituous,  alcohohc  or  distiUed  liquors  sold 
in  the  State  during  the  year  1868. 

Resolved,  That  the  Finance  Committee 
are  requested  to  suggest  a  plan  for  the  col- 
lection of  this  tax. 

Referred  to  the  Committee  on  Finance. 

By  Mr.  Ingraham,  of  Caddo: 

Wheeeas,  The  Republican  party  of  the 
United  States  is  now  preparing  itself  for 
the  last  great  struggle  which  shaU  forever 
determine  the  question  of  equal  pohtical 
and  civil  rights  for  all  the  citizens  of  the 
Reyjubiic;  and 

Whekeas,  The  Republican  Congressional 
Committee  has  become  the  chief  instru- 
mentality of  the  Republican  party  for  the 
dissemination  of  its  princij)les  and  the  or- 
ganization of  its  voters  in  all  the  States, 
and  especially  in  the  non-reconstructed 
States;  and 

Wheeeas,  Hon.  Thomas  W.  Conway  is 
the  chief  organizer  and  representative  of 
the  said  Con^'ressional  Committee  in  the 
Southern  States;  therefore,  be  it 

Resolved,  That  he  be  and  is  hereby  invit- 
ed by  this  Convention  to  deliver  an  ad- 
dress on  the  situation  of  the  country  in  this 
haU  at  such  time  (when  this  Convention  is 
not  in  regular  session)  as  may  suit  his  cou' 
venience. 


jouknaij  of  the  constitutioxai.  con^^ention. 


Laid  over  under  the  rules. 
By  Mr.  Dearing,  of  Eapides  : 
Wbcekeas,  In  the  present  unsettled  con- 
dition of  a  large  number  of  voters  of  this  \ 
State  ;  therefore,  be  it  j 
Eesolved,   That  each  and  every  person; 
•who  may  have  been  or  may  be  registered 
under  the  acts  of  Congress  passed  March  j 
2,  1867,  and  the  acts  suiDplementary  thereto.  ; 
to  provide  for  the  more  efficient  govern- 
ment of  the  rebel  states  vrho  have  or  c-in 
produce  sufficient  evidence  of  their  having 
been  registered,  shall  be  aUo-^'ed  to  vote  in  \ 
any  j3arish  in  this  State  for  or  against  the  \ 
ratification  of  the  Constitution  ^"hich  this ' 
Convention  may  form. 
Laid  over  under  the  rules. 
By  Mr.  Tinchant,  of  Orleans : 
Resolved,  That  this  Convention  shall  pro- 
vide, either  by  sx^ecial  enactment  or  byj 
amendment  to  the  Constitution,    for  the 
legal  protection  in  this  State  of  all  women  j 
vrithout  distinction  of  race  or  color,  orj 
without  reference  to  their  previous  condi-  j 
tion,  in  their  civil  rights.  I 
Referred  to  the  Judiciary  Committee.  j 
By  Mr.  Dupasseau,  of  Orleans :  | 
Resolved,  Xo  money  shaU  be  drawn  from  ■ 
the  treasury,  but  in  pursuance  of  an  ap- ' 
propriation  made  by  law,    and  a  regular  j 
statement  of  the  receipts  and  expenditiu'es ; 
of  all  pubhc  monies   shall  be  published  j 
annually.  j 
Referred  to  the  Committee  on  General' 
Provisions.  ,  ! 

of  Orleans:  j 
'  shall  have  the  power  to 
relief  of  the  veterans  of 


By  Mr.  Wilson, 
The  Legislatm- 
•pass  a  law  for  the 
1814  and  1815.  i 
Referred  to  the  Committee  on  General 
Provisions.  j 
By  Mr.  Tinchant,  of  Orleans :  j 
Whep.eas,  While  volunteer  corps  of  militia' 
are  more  effectual  than  the  mihtia  itseK,  ' 
such  corps  would  become  dangerous  for  the 
safety  of  this  State  and  government  were  | 
persons  of  rebel  antecedents  permitted  to  I 
organize  into  exclusive  volunteer  regiments; 
therefore,  be  it  i 
Resolved,  That  only  honorably  discharged 
soldiers  who  have  served  faithfully  in  the 
XJnited^States  army  during  the  late  rebellion 
shall  have  the  right  and  j)rivilege  of  or- 
ganizing themselves  into  regiments  of  vol- 
imt€er  militia  in  this  State. 
Referred  to  Committee  on  Militia. 
By  Mr.  Leroy,  of  Natchitoches  : 
Resolved,  That  no  lottery  shall  be  au- 
thorized by  this  State,  and  the  buying  or 


selhng  of  lottery  tickets  within  this  Stat^ 
is  prohibited. 

Resolved,  That  no  divorce  shall  be 
granted  by  the  Legislature. 

Referred  to  Committee  on  General  Pi'O- 
^"isions. 

By  Mr.  Wilson,  of  Orleans  : 

The  privilege  of  all  loyul  citizens  of 
every  race  and  color,  without  regard  to  any- 
previous  condition,  to  bear  arms,  shaU  not 
be  infringed  upon. 

Referred  to  Conimittee  on  Bill  of  Rights; 

By  Mr.  Wilson,  of  Orleans: 

Resohed,  That  all  persons  of  every  race 
and  color,  without  regard  to  any  previous 
condition,  shall  have  the  same  right  to  mako 
and  enforce  contracts,  to  sue,  to  give  evi- 
dence, to  inherit,  pui-chase,  lease,  sell,  hold 
and  convey  real  and  personal  property,  and 
to  full  and  equal  benefits  of  all  laws  and 
proceedings  for  the  security  of  person  and 
proxDerty  a,s  are  enjoyed  by  white  x^ersons, 
and  shall  be  subject  to  like  punishment, 
pains  and  XDenalties,  and  to  none  other. 

They  shall  have  the  right  to  hold  office, 
seiwe  on  juries,  and  admission  to  all  amuse- 
ments, drinking  saloons,  hotels,  eating  and 
lodging  houses,  billiard  saloons,  confection- 
eries, stores,  shox)s,  and  all  places  whera 
merchandise  is  sold;  to  asylums,  colleges, 
churches,  schools,  hospitals,  charitable  in- 
stitutions: and  all  donation-;  .oriven  for  char- 
itable purjjoses  shall  be  u\-e  1  for  the  benefi.fc 
of  all  persons,  without  regard  to  any  dis- 
tinction of  race  or  color,  and  shall  have  the 
same  right  to  travel  by  all  conveyances  by 
water  or  land,  and  all  shall  be  governed  by 
the  <ame  rules.  ■  -  •  -ropiietors  shall  be 
li el ■!  liable  for  T..  if  their  agents  or 

empL;yees. 

Any  p Larson  or  ])er>ons  who  shahL  causa 
or  subject  to  be  caused  to  any  person  or 
persons  by  reason  of  his  color  or  race  to  be 
deprived  of  any  rigL"  1  to  white  x)er- 

sons,  shall  be  deeni'  '  of  a  misde- 

meanor, and  on  convi  ■  _  ^.  i.  -„aILbe  xxmished 
by  a  fine  of  not  less  than  one  thousand  dol- 
lars, and  imjDrisonment  of  not  less  than  one 
year,  the  accused  to  pay  ah  the  costs,  and 
the  fine  to  go  to  the  x3er>on  or  x)ersons  upon 
whom  the  accused  is  alleged  to  have  com- 
mitted the  offense,  and  shall  forfeit  his  or 
their  Hcense. 

The  Legislatiu'e  shall  pro^.ide  by  law  for 
the  faithful  execution  of  this  article. 

Referred  to  Committee  on  Bill  of  Rights, 

By  Mr.  Depasseau,  of  Orleans  : 

Resolved,  That  all  rex:>0its  of  standing 
committees  wL(  .  I  taken  UX3  shall  be  consid- 
ered section  by  section. 

Laid  over  under  the  rules. 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


By  Mr.  T^^tcheU,  of  Bien^dUe  : 
ResoLved,  That  the  State  of  Louisiana 
shaU  be  divided  into  senatorial  districts  in 
the  follomng  manner  :  Two  contiguous 
parishes  shall  form  one  senatorial  district, 
excepting  the  parishes  of  Orleans  and  Jef-, 
ferson  Avhich  shall  be  divided  into  districts 
as  follows  :  Jcti'erson  Parish  and  Orleans, 
light  bank,  sL  all  form  one  district;  Orleans, 
left  bank,  shrtil  be  divided  into  five  senato- 
xiai  districts  by  uniting  two  contiguous  re- 
presentati^  e  districts.  Elach  senatorial  dis- 
trict shaU  elect  one  Senator  in  uniting 
parishes  and  representative  districts.  Care 
shall  be  taken  to  ma'ie  senatoiiil  dislrlct^ 
as  nearly  equal  in  population  as  possible, 
but  after  formation,  no  change  shall  be 
made  on  account  of  increase  or  decrease  of 
population. 

Heferred  to  Committee  on  Legislative. 

By  Mr.  Antoine,  of  Caddo  : 

Section  1.  All  men  are  born  equally  free 
and  independenb,  and  have  certain  natm-al, 
inherent  and  inalienable  rights,  among 
"which  are  those  of  enjoying  and  defending 
life  and  liberty,  acquiring,  possessing,  and 
protecting  property,  and  of  pursuing  and 
obtaining  safety  and  happiness. 

Sec.  2.  Slavery  and  involuntary  servitude, 
©xcept  as  a  punishment  for  crime,  whereof 
the  fjarty  shah  have  been  duly  conricted, 
are  hereby  forever  x^rohibited  in  this  State. 

Sec.  3.  All  i^ower  is  inherent  in  the  jDeo- 
ple,  all  free  governments  are  founded  in 
their  authoiity,  and  instituted  for  their 
benefit ;  they  have,  therefore,  an  inalien- 
able and  indefeasible  right  to  institute 
government,  and  to  alter,  reform,  or  totally 
change  the  same  when  their  safety  and 
happiness  require  it. 

Sec.  4.  All  persons  born  or  naturalized 
in  the  United  States,  and  subject  to  the  ju 
irisdiction  thereof,  are  citizens  of  the  Uniied 
States,  of  the  States  in  which  they  reside, 
and  shaU  be  protected  in  their  civil  and 
political  rights  and  public  iDrivileges. 

Sec.  5.  All  laws  of  this  State  shall  be 
equally  binding  upon  all  citizens,  and  no 
State,  parish,  city,  nor  other  authority  shall 
pass  or  inf oroe  any  law  or  device  making  any 
distinction  between  the  citizens  of  this 
State  on  account  of  their  race,  color  or  pre- 
Tions  condition. 

Sec.  6.  Every  person  may  freely  speak, 
"write  or  publish  his  sentiments  on  all  sub- 
jects, being  responsible  for  the  abuse  of 
that  right ;  and  no  law  shall  be  passed  to 
restrain  or  abi-idge  the  liberty  of  speech  or 
of  the  press.  In  all  criminal  prosecution  ; 
or  indictments  for  hbel  the  truth  may  be 
given  in  evidence,  and  if  it  shall  appear  to 
the  jury  that  the  matter  charged  as  libelous 

J)e  true,  and  Tya^  published  ynXh  good  mo- 


tives and  for  justifiable  ends,  the  party 
shall  be  acquitted,  and  the  jury  shaU  have 
the  right  to  determine  the  law  and  the  fact. 
Sec.  7.  The  right  of  the  people  to  peace- 
ably assemble  to  consult  for  the  common 
good  and  to  petition  the  G-overnment  or 
any  department  thereof  shall  never  be 
abridged. 

Sec.  8.  The  right  of  trial  by  jury  shaU 
remain  inviolate,  and  shall  extend  to  all 
cases  at  law,  without  regard  to  the  amount 
in  controversy;  but  a  jury  trial  may  be 
waived  by  the  parties  in  all  cases  in  the 
manner  prescribed  by  law. 

Sec.  9.  Excessive  bail  shall  not  be  re- 
quired, nor  shall  excessive  fines  be  imiDOsed, 
nor  shall  cruel  and  unusual  j)unishments  be 
inflicted. 

Sec.  10.  Every  person  is  entitled  to  a, 
certain  remedy  in  the  laws  for  aU  injuries 
or  WTongs  which  he  may  receive  in  his  per- 
son, property  or  character.  He  ought  to 
obtain  justice  freely  and  without  being 
obliged  to  purchase  it;  completely  and 
Tvithout  denied;  promptly  and  without  delay; 
conformably  to  the  laws. 

Sec.  11.  Treason  against  the  State  shall 
consist  only  in  levying  war  against  the 
same  or  adhering  to  its  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason,  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court. 

Sec.  12.  In  all  criminal  prosecutions  the 
accused  shall  enjoy  the  right  to  be  heard 
by  himself  and  counsel;  to  demand  the  na- 
ture and  cause  of  the  accusation  against 
him;  to  meet  the  witnesses  face  to  face;  to 
have  compulsory  process  to  compel  the  at- 
tendance of  v/itnesses  in  his  behalf;  and  in 
TDrosecutions  by  indictment  or  information, 
to  a  speedy  public  trial  by  an  impartial 
jury  of  the  parish  or  district  wherein  the 
offense  shall  have  been  committed,  which 
parish  or  district  shall  have  been  previous- 
ly ascertained  by  la^s'. 

Sec.  13.  No  person  shall  be  held  to 
answer  for  a  criminal  offense  unless  on  the 
presentment  or  indictment  of  a  grand  jury, 
except  in  cases  of  impeachment,  or  in  cases 
cognizable  by  Justicei^  of  the  Peace,  or  aris- 
ing in  the  army  or  navy,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or 
public  danger,  and  no  person  for  the  same 
offense  shaU  be  put  twice  in  jeopardy  of 
punishment,  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  him- 
self: all  persons  shall,  before  comdction, 
be  bailable  by  sufiicient  sureties,  except  for 
capital  offenses  when  the  x^roof  is  evident 
or  the  presumption  great,  and  the  privilege 
of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless  wlien  in  case  of  rebellion 
OX  ijiyasion  the  public  safety  may  require, 


JOUEXAI.  OF  THE  COXSTITUTIOX^^lL  COXYEXTIOX. 


37 


Sec.  14.  The  pmilege  of  tlie  debtor  to  '  Crav 


'romvell,  Ciinev,  D earing,  De- 


enjoy  tlie  necessary  comforts  of  life  shall  be  niartst.  P.  G.  Deslonde,  Douglass,  Drink- 
recognized  by  wholesome  la.v,'s  exempting  a  ard,    G-.    D apart,  Diipart,  Esnard,  Fran- 


To 


Teasonable  amount  of  property  from  seizure  coi:---  FiiILt 
or  sale  for  the  payment  of _  any  debt  or  lia-  G-uieliard. 
bility  hereafter  contracted. 

Sec.  15.  Xo  religions  tests  shall  ever  be 
required  as  a  quahtication  for  any  oiiice  of 
jmblic  trust  under  the  State,  and  no  persor:'   '  ' 
shall  be  rendered  incompetent  to  give  evi- 
dence in  any  coiu't  of  la^v  or  equity  in  con-       i.  ^\ 
sequence  of  his  opinions  on  the  subject  of  '^'^rd.  3 
religion.  li. 

Sec.  16.  The  military  shall  be  in  stri-jt  ^  :  ;ir, 
subordination  to  the  civil  x^ower.    Evei-^^  '^^  \I^-y 
citizen  has  the  right  to  keeiD  and  bear  arm^  hti^-  Yv 
for  the  common   defense,  and  this  right  ^     tt^  g  ■ 
shall  never  be  questioned.  | 

Sec.  17.  The  blessings  of  a  free  govern- 1 
rnent  can  only  be  »maintained  by  a  fiiTa  ad- !     ?^  ^ 
ierence  to  justice,  moderation,  temperance,  '  y 
frugality  and  virtue,  and  by  frequent  recur- 
rence to  fundamentiil  principles. 

Sec.  18.  The  enumeration  of  certain 
rights  shall  not  impair  nor  deny  others  re- 
tained by  the  people. 

Referred  to  the  Committee  on  Bill  of 
Tlights. 

Mr,  Wickliffe,  of  Orleans,  moved  that  all 
.standing  and  Special  Committees  be  in- 
-structed  to  preserve  all  the  articles  an  l  re- 
solutions referred  to  them,  so  that  tliey  may 
be  produced  when  called  for. 

Mr.  BroT^m,  of  FDerville,  moved  to 
amend  : 

That,  any  member  deeming  his  resolu- 
tions lO  be  worthy  of  preservation,  be  r©- 
inestedi.  to  keep  a  copy  of  them  before  send- 
.iig  them  to  the  Secretary. 

The  motion  and  amendment  were  laid  on 
the  table. 

On  motion  of  Mr.  Crawford,  of  Cald- 
well, the  Convention  adjourned  tiU  12 
'O'clock  M.  to-morrow. 

A  tiTie  copy  : 

'^Vn,!.  YIGERS,  Secretary. 


Ferguson.  Gair,  Gould, 
Harper,     Harris,  Harrison, 


Hemp.-read,  Hiestand,  Ingrcham,  Ji. 
I-abelle,  T.  IsabeUe,  Jackson,  Jones, 


ans'e.  ijerov. 


dso, 

LeT^ns,  B.  Lewis, 


^darie.  3Iartin,  Massicot.  Meadows, 
Coses.  Mushawav.   Giiver,  Pa-ck- 
erce.  Pinchback.  Poindexter,  Pol- 
.e^^fran.  Eeese.    Eiard.  Bo-lrisuez, 
der.  Sc^ 


bnaer,  Scoti 


Thi- 


L^mch'int,    T^itehell.  Underwood, 
Yandergritf,  Yidal.  "\Yaples,  Yrick- 
h  on — 76  members  present, 
minutes  were  read  and  adopted. 

OEIGn'rATL  EESOnrTIOlTS. 

7  J.  El  iokburn,  of  Clr  iborne: 

That  this  Convention  shall 
er  meet  regularly  at  10 o'clock 
aid  adiouim  at  3-.,  o'clock  p.  m. 


By  'Y.  J.  Blackl:)urn.  of  Claiborne: 
I^e.  A^-.-7.  That  the  Eev.  Dr.  Xewman  be 
■  :''  illy  invited  to  r^pen  the  exercises  of 
.    ■  .iVt  ntion  each  morning  ^-iih  prayer 
::1  Giat  a  committee  of  three  be  appointed 
'  w.l'  ^'tpon  and  communicate  to  him  this 
■^^U3';  :  or  invitation. 
By  'Y.  J.  Blackburn,  of  Claiborne: 
_L  -^' '?  '■/.   '1  hat  the  Sergeant-at-Arms  be 
.  t:  Lctce.  CO     move  from  the  desks  of  this 
N  of  the  fx-Egislators.  and 
■V  1  tlif  •  respeeti  re  names  of  tha 
V  _  _is  Convention, 
r  va_Lder  the  rule:^. 
.  Plac!^bt"rn.  of  Claiborne: 
,    Tl  :t  ■;      i;  e  r.f  this  haU  be 


had  c 
1  lace  i 
m  ?mb 
Lie: 
Bv" 


tendered  the 


:ne 
md 


::-nt  a] 
^•ountr 


id 


Y~.  Conway,  of 
^iddr-ess  on  the 
litical  status  of 
lie  may  name. 


TEXTH  DAY. 
Xew  Oeee.^-s,  Thursday,  Dec.  5,  1867. 

The  Covention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  President 
'Taliaferro. 

The  roll  was  called  and  the  follov^ing 
members  answered,  to  their  names: 

Messrs.    Taliaferro,    Antoine,    Barrett,  The 
Bertonneau,  Blackburn,  Blandin,  Bonsei-  i  Court  sh  ill ' 
gneiu',   Bonnefoi,  Brown,   W.  K.   Crane,  [  by  and  with 


fnling  p 
y  e^.'erni] 

hat  a  committee  of  tL:    -  b,'  appointed 
to  commatnicat  J  to  him  the  couriesy. 
Laid  o-er  and' r  the  rules. 
By  Idr.  Ya'froit : 

Be^oh'  -J,  Tnat  no  legislative  body  here- 
after in  general  assembly  shall  have  the 
power  to  amend  or  annul  any  of  the  said 
articlf  s  3f  this  Constitution  ;  nor  shall  they 
have  the  right  to  call  another  Convention 
in  the  State  of  Louisiana  before  a  period  of 
seventy  yea-'s,  dated  from  the  day  of  tha 
adoption  of  che  said  Constitution. 

Eeferred  to  Committee  on  draft  of  tha 
Constitution. 
By  Mr.  Fnller : 


the 


;p.  -mt 
advic- 


Sttpreme  .Lidicial 
1  by  the  Governor, 
and  consent  of  tha 


S8 


JOUKNAL  OP  THE  CONSTITUTIONAL  CONTENTION. 


Senate,  and  shall  hold  their  offices  during 
good  behavior. 

Beferred  to  Committee  on  Judiciary. 

By  Mr.  WickHffe,  of  Orleans: 

Whereas,  It  has  been  charged  by  the 
enemies  of  the  colored  race  in  the  State  of 
Xiouisiana  that  it  is  the  design  of  the  colored 
I'ace  to  get  control  of  this  State,  and  destroy 
the  white  race  therein,  and  Africanize  the 
^tate;  and 

Whereas.  It  is  boldly  asserted  by  the  en- 
emies of  the  colored  race  that  they  are 
leagued  together  by  secret  organizations, 
and  are  armed  and  equipped  for  the  pur- 
pose of  carrying  out  this  terrible  plan;  and 

Whereas,  Petitions  are  now  being  cir- 
culated in  this  State  for  the  i3urj)ose  of  re- 
cei'S'ing  subscriptions  of  names  of  prominent 
citizens  to  these  petitions  in  order  that 
they  may  be  forwarded  to  the  President  of 
the  United  States,  to  induce  him  to  take 
action  so  as  to  prevent  this  pretended  out- 
rage; and 

Whereas,  This  whole  effort  is  but  a  plot 
to  justify  the  President  in  attemi3ting  the 
accomplishment  of  such  measures  as  will 
inevitably  lead  to  a  disruption  of  this  gov- 
ernment, and  thus  inaugurate  a  second,  and 
as  these  vile  schemers  hope,  successful  re- 
TbeUion  against  the  Government  of  the 
Xlnited  States;  and 

Whereas,  If  this  dangerous  scheme  be 
perfected,  it  will  result  not  only  in  the  ulti- 
Doaate  destruction  of  this  government,  but 
in  the  reduction  of  this  newly  enfranchised 
race  again  to  the  chains  of  slavery,  with  all 
its  concomitants,  injustice,  oppression,  and 
iiorrors;  therefore 

Resolved,  That  the  members  of  this  Con- 
vention, as  the  legal  representatives  of  this 
long  abused  and  outrageously  slandered 
people,  do  solemnly  enter  our  protest 
against  this  vile  slander  on  the  great  body 
of  our  constituents;  and  being  fresh  from 
these  people,  and  thoroughly  conversant 
"with  their  ^yishes,  desires  and  intentions, 
solemnly  and  earnestly  deny  the  truth  of 
all  such  charges,  and  declare  to  the  world 
that  there  is  not  one  word  of  truth  in 
them. 

Resolved,  That  as  loyal  citizens  of  the 
Tlhited  States,  we  denounce  the  action  of 
these  political  schemers  against  the  Govern- 
ment of  the  United  States,  and  against  the 
rights  of  man,  and  warn  the  President,  Con- 
gress, and  the  people  of  the  United  States 
of  the  foul  plot  and  dangerous  schemes  of 
these  men. 

Resolved,  That  we  denounce  all  men  who 
^ve  credence  to  this  unfounded  slander 
and  assist  in  circulating  the  same. 

Resolved,  That  we  earnestly  petition  Con- 
;greas  to  appoint  a  committee  to  investigate 


all  such  charges,  and  thus  disabuse  the- 
minds  of  the  friends  of  the  long  and  still 
abused  race  throughout  the  Union. 

Resolved,  That  the  Secretary  be  required 
to  furnish  a  copy  of  these  resolutions,  and 
mail  the  same  immediately  to  the  President, 
the  Speaker  of  the  House  of  Representa- 
tives, and  President  of  the  Senate. 

Lies  over. 

By  Mr.  Blackburn,  of  Claiborne : 
ARTiciiE  — .  The  faith  of  the  State  shall 
never  again  be  pledged  to  protect  the 
landed  monopoly  of  the  Mississippi  bot- 
toms by  the  erection  of  levees  or  otherwise ; 
but  the  State  may  assist  in  redeeming  said 
lands  from  inundation  w-henever  such  a 
system  of  agricultural  economy  shall  be 
adopted  as  will  secure  to  the  real  tiller  of 
the  soil  the  just  and  legitimate  fruits  of  his 
labor,  by  an  equitable  distribution  of  the 
right  of  ownership  in  homestead  farms. 

Referred  to  the  Committee  on  Internal 
Improvement, 
By  Mr.  BuiTeU,  of  St,  John  the  Baptist:- 
Ov/ing  to  the  great  danger  to  the  pubKc 
from  the  unsound  condition  of  the  levees 
along  the  Mississipx^i  river,  therefore,  be  it 

1.  Resolved,  That  a  tax  of  one  per  cent, 
on  the  assessed  value  of  property  in  each- 
parish  be  collected  within  ten  days  fi'om  the 
passage  of  these  resolutions  for  the  pur- 
pose of  building  and  repairing  the  levees 
along  the  Mississippi  river. 

2.  Resolved,  That  the  Governor  of  the 
State  appoint  a  receiver  to  coUect  the  money, 
and  to  pay  the  same  on  the  warrant  of  the^ 
syndics  countersigned  by  the  President  of 
the  police  juries. 

3.  Resolved,  That  all  crops  or  parts  of 
crops,  as  well  as  the  lands,  be  and  the  same 
are  liable  for  this  tax,  and  on  failure  to- 
pay  within  the  time  specified,  fifty  per  cent, 
additional  to  be  collected,  with  aU  costs  to 
enforce  the  same. 

4.  Resolved,  That  all  the  works  of  re- 
building and  repairing  be  under  the  super- 
vision of  the  syndics,  either  by  contract  or* 
otherwise. 

Lies  over  under  the  rules. 
By  Mr.  Wickliffe,  of  Orleans: 
Article  — .  The  svstem  of  laws  hereto- 
fore in  use  in  this  State,  and  known  as  the 
civil  law  system,  together  with  aU  stf?  kites 
enacted  by  prewious  Legislatrires  in  accord- 
ance therewith,  togoth^^r  wi&h  the  revised 
statutes,  civil  co-le  ani  cf  'lo  of  -practice, 
are  hereby  a1:)oliHL':^d,  i-d  t  i'"  common  law 
of  England  is  adopted  as  tht  '  xw  of  Louis- 
iana: c-nd  statute  s  o  '"  a  gcuerri  nature, 
aiid  n' t  loeal  to  tlj.,t  r;-i?igdoV.,  passed  prior 
to  the  fourth  yc-;ir  of  the  reign  of  King 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


39" 


James  the  First,  are  also  adopted  as  the 
laws  of  this  State  until  repe-aled  bv  future 
legislation;  and  a.s  a  further  guide  to  prac- 
tice and  authority  on  questions  of  law  and 
equity,  tli-  d-':-isions  of  the  Supreme  Courts 
of  th-e  'Till:'  T'-  iT  common  law  States,  and  of 
the  U^'.  '  ^  s  Supreme  Court,  on  ques- 
tions :r  local,  are  hereby  adopted: 
Provkl'-.-.l,  x\v.a  the  rales  of  chancery  plead- 
ing and  practice  are  excepted  in  this  adop- 
tion of  the  common  law.  and  that  all  civil 
courts  shall  hare  equitv  jiu'isdic-tion:  but 
all  --^^^  \-  ^  '  -  '  -  '  \^]]  b-  br:.u-ht 
bv  ■  ^n.^vrth.^ 


-It 


common  law  statutes  and 
.^  >ri^onment  for  debts  are 
-I  that  no  23 t-rson  shall 
imprisoned  for  debt  in 


fictr.  that  th 
j)rovisions  i- 
are  also,  ex r 
ever  be  aiTc- : 
this  State. 

Aet.  — .  The  i^egislature  shall  pass  such 
laws  as  may  be  nece>>:iiy  t^  ^  C'lrry  out  the 
spirit  and  letter  of  the  foregoing  article, 
and  may  adopt  such  statutes  as  are  not  in- 
consistent with  the  provisions  of  this  Con- 
stitution. 

Ap.t.  — .  The  Legislature  shall  pass  such 
laws  as  may  be   necessary  to   perfect  tli 
machinery  of  the  courts  in  consonance  wirh 
the  nev,-  system  of  laws  hereby  adopted,  and 
the  general  provisions  of  this  Constitution. 

Aet.  — .  The  common  Lrv  li<:i>  bY 
adopted  shall  go  into  oper.iti'jii  i  >  •  ii: 
force  within  six  months  from  the  date  of 
the  promulgation  of  this  Constitution. 

Aet.  — .  The  lavrs.  pubhc  records,  and  all 
records  of  judicial  and  legi>lative  i:)roceed- 
ings  of  the  State  shall  be  promulgated  and 
preserved  in  the  Enghsh  language  only. 
Ail  publication  of  tiie  same  in  any  foreign  ' 
language  is  hereV^y  I'jrever  prohibited.  All 
legal  papers,    contracts,    or    proceeding.-. ; 
drawn  or  preserved  in  any  other  langua,Q:e 
than  the  English  after  the  common  law 
goe.s  into  operation  shall  be  null  and  void  in  ■ 
law  and  equity.  I 

Aet.  — .  All  proceedings,  judicial  or  legis- j 
lative,  shall  be  conducted  only  in  the  En- ' 
glish  langUcig-e  :  Prodded,  That  the  Legisla- 1 
ture  may  provide  for  the  interpreting  of  the  1 
testimony  of  vritne&ses  who  c^n  not  speak  , 
the  English  language.  | 

Ap.t.  — .  No  vested  rights  shall  be  di- 
vested, but  all  vested  rights  acquired  under  i 
former  constitutions,  and  under  the  former  i 
system  of  laws  in  force  in  this  State  shall ; 
be  maintained  by  action  at  law  or  equity ; 
within  hve  year>  fri  ^m  the^  date  of  the  pro"-  i 
mulgation  of  this  Constitution,  after  which ' 
time  no  action  shall  he  either  at  equity  or  ' 
law  for  such  rights.  "  ■ 

Aet.  — .  All  mortgages  shall,  after  the ' 
promulgation  of  this  Constitution,  be  wi-it- ' 
ten  and  by  irablication.  i 


Aet.  — .  Capital  punishment  in  this  State 
is  hereby  forever  abohohed. 

Eeferred  to  Committee  on  Schedule  and 
Ordinance. 

By  I\Ir  Fuller,  of  Avoyelles  : 

Aeticle  — .  It  is  es-^ential  to  the  preser- 
A-ation  oi  ihe  rights  of  every  indiAuIual,  his 
hie,  hberty.  prop^-rty  an.l  :  e  :--r.  that 
there  l")e  an  impartial  iiiterp;  .   of  the; 

laws  and  administration  oi  ja~:i  'e.  It  is 
the  right  of  every  citizen  to  tried  by, 
judges  as  free,  impartial  and  i:  '  ■  Tent 
li-  the  lot  of  humanity  v.ill  cj':  :  is,- 

tlier^i.ire.  not  only  the  be-t  iK-i:  -  .  for 

the  "lily  f  the  rights  ef  :  ;  .and 
of  ev.-ry  ^-iriivai.  tliut  the  iudg.^'  oi  the 
Suprem- -  a  ii -i  d  Court  should  hold  their 
otiices  a,-  long  a,-  they  behave  themselves 
weU.  and  that  they  should  ha--e  honorable 
salaries  ascertained  and  established  by 
standing  laws. 

Referred  to  Committee  on  Bhl  of  Eights. 

By  3Ir.  TMekhffe,  of  Orleans : 

AsTicLE  — .  AU  persons,  without  distinc- 
tion o:'  race,  color  or  preAuous  Ceudition, 
-lu^ll  pi''--se>s  equ;:l  riLilit-^  and  ]U'ivileges, 
<•i-.il  L.:xd  rehgiou-.  •n-^i-tent  vith  the  pro 
visions  of  thi^  Ceii.-titution. 

Aet.  — .  No  craiipany  or  corj^ora^ion  that 
li-vr  exists  or  m:-y  lii-reafter  b-  -  -  "I  in 
Thi>  State  shall  make  any  di-  of 
race  or  color  in  its  rules  or  regulations. 

The  Legislature  shall  pass  stringent  laws 
against  ah  vitiations  of  this  article. 

Referred  to  the  Committee  on  Bill  of 
Eights. 

By  i\Ir.  Dupaii.  of  Sc.  Tammany: 

Bes'jired,  That  aU  citizens  of  this  State 
shall  fi'u-ever  enjciy  all  the  civil  and  pohti- 
cal  rights  conferred  on  them  by  the  late  a-cts 
of  Congress,  and  no  educational  or  property 
quahhcation  shall  be  required  of  any  cit- 
izen for  voting. 

Eeferred  to  Comjnittea  on  Bill  of  Rights, 

By  iMr.  Blandin,  of  Orleans : 

Re.-iolved,  The  judges  of  the  Supreme 
Court  shall  be  elected  by  joint  vote  of  the 
General  Assemblv,  and  for  a  term  of  sis 
yeai-s.  They  shall  have  power  to  appoint 
their  own  clerks.  The  judges  of  the  iiiferior 
couiis  shall  be  elected  by  the  cpialilied.  voters 
of  the  district  in  wliich  they  reside,  and 
shall  hold  their  courts  at  such  time  and  place 
as  the  General  Asseml^ly  may  direct  ;  they 
shall  hold  their  office  for  a  term  of  four 
years  and  until  their  successors  ai"e  elected 
and  quahfied. 

Clerks  of  the  inferior  courts  in  the  State 
shall  be  elected  for  the  term  of  two  years, 
and  should  a  vacancy  occur  subsequent  to 


40 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION 


an  election  it  sliall  be  filled  by  the  judge  of 
tlie  court  in  wliich  such  vacancy  exists,  and 
the  person  so  appointed  shall  hold  his  office 
Tintil  the  next  general  election. 

Bef  erred  to  Committee  on  Judiciary. 

The  order  of  the  day  was  taken  up,  and 
the  following  reports  of  standing  commit- 
tees were  received : 

Committee  on  Legislative  Department — 
Beported  progress. 

Committee  on  Judiciary — Bei^orted  pro- 
gress. 

Committee  on  the  Executive — Beported 
progress. 

On  Ordinance  and  Schedule — Be]3orted 
progress. 

On  Enrollment — No  report. 

On  Printing — No  report. 

On  Finance — Beported  no  i:)rogress. 

Committee  on  Militia  reported  the  follow- 
ing : 

KEPOET  OF  THE  COMMITTEE  ON  mLITIA. 

Section  1.  It  shall  be  the  duty  of  the 
G-eneral  Assembly  to  organize  the  Militia  of 
the  State,  and  all  able-bodied  male  citizens, 
"between  the  ages  of  eighteen  and  forty- 
five  years,  who  are  not  disfranchised  by  the 
'  Constitution  find  laws  of  the  United  States 
and  of  this  S'-^ate  shall  be  liable  to  militia 
*idiity. 

Sec.  2,  The  Governor  shall  appoint  all 
commissioned  officers,  subject  to  confirma- 
tion or  rejection  by  the  Senate. 

Sec.  3.  All  militia  officers  shaU  take  and 
Biil:)scribe  the  oath  prescribed  for  the  offi- 
cers of  the  United  States  Army. 

Mr.  Crane,  of  Orleans,  moved  to  print 
200  copies  of  the  report.  Adopted. 

Committee  on  Public  Education— Beport- 
ed progress. 

Committee  on  Internal  Improvements — 
Beported  progress. 

Committee  on  Bill  of  Bights— Submitted 
the  following  report  : 

Pbeamble,  We,  the  people  of  the  State 
of  Louisiana,  grateful  to  Almighty  God, 
±he  sovereign  ruler  of  nations,  for  our  State 
-igovernment,  our  liberties,  and  our  con- 
nection with  the  American  Union,  and  ac- 
knowledging our  dependence  upon  him 
for  the  continuance  of  those  blessings  to 
us  and  our  posterity,  do,  for  the  more  cer- 
tain security  thereof  and  for  the  better 
government  of  this  State,  ordain  and  es- 
tablish this  Constitution. 

apiticijE  I — Binn  of.  eights. 
Section  1.  iUl  persons,  without  regard  to 
rac3,  color  or  previous  condition,  except 
.  Indians  not  taxed,  born  or  naturalized  in 


the  United  States  and  inhabitants  of 
this  State  one  year  are  citizens  of  this 
State. 

Sec.  2.  AH  men  are  born  free  and  equal, 
and  have  certain  inalienable  rights;  among 
these  are  life,  liberty,  and  the  pursuit  of 
happiness.  To  secure  these  rights  govern- 
ments are  instituted  among  men,  deri^ung 
their  just  powers  from  the  consent  of  the 
governed 

Sec.  3.  There  shall  be  neither  slavery 
nor  involuntary  servitude  in  this  State 
otherwise  than  for  the  punishment  of  crime, 
whereof  the  parties  shall  have  been  duly 
convicted. 

Sec.  4.  Every  person  may  freely  speak, 
write,  and  pubHsh  his  sentiments  on  all 
subjects,  being  resjjonsible  for  the  abuse  of 
that  right,  and  no  laws  shall  be  passed  to 
restrain  or  abridge  the  Hberty  of  sjDeech  or 
of  the  press.  In  all  criminal  prosecutions 
or  indictments  for  libel,  the  truth  may  be 
given  in  evidence,  and  if  it  shah  appear  to 
the  jury  that  the  matter  charged  as  libelous 
be  true,  and  was  published  for  good  motives 
and  for  justifiable  ends,  the  party  shall  be 
acquitted  and  the  jury  shall  have  the  right  to 
determine  the  law  and  the  fact. 

Sec.  5.  The  right  of  the  people  peaceably 
to  assemble  to  consult  for  the  common  good, 
and  to  petition  the  Government  or  any  de- 
partment thereof,  shall  never  be  abridged. 

Sec.  6.  The  right  of  trial  by  jury  shaU 
not  be  violated. 

Sec.  7.  All  persons  shaU  be  bailable  by 
sufficient  sureties,  except  for  'capital  ofienses 
where  the  proof  is  evident,  or  the  presump- 
tion great.  Excessive  bail  shall  not  be  re- 
quired, or  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

Sec.  8.  In  all  criminal  jjrosecutions  and 
in  cases  involving  the  life  or  liberty  of  an 
individual,  the  accused  shall  have  the  right 
to  a  speedy  and  pubUc  trial  by  an  impartial 
jury ;  to  be  informed  of  the  accusation 
against  him  ;  to  have  a  copy  of  the  same 
when  demanded;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory 
process  for  his  witnesses;  and  to  have  the 
assistance  of  counsel. 

Sec,  9.  No  person  sliall  be  held  to  answer 
for  a  criminal  ofiense  unless  on  the  pre- 
sentment or  indictment  of  a  grand  jury,  ex- 
cept in  cases  of  impeachment  or  in  cases 
cognizable  by  justices  of  the  peace  or  aris- 
ing in  the  army  or  navy,  or  in  the  mihtia 
when  in  actual  service  in  time  of  war  or 
imblic  danger,  and  no  person  for  the  same 
offense  shall  be  put  twice  in  jeopardy  of 
punishment;  nor  shall  be  compelled  in  any 
criminal  case  to  be  a  witness  against  him- 
self. All  persons  shall,  before  comdction, 
be  bailable  by  sufficient  sureties,  except  for 
capital  offenses  where  the  proof  is  evident, 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


41 


or  the  presumption  great,  and  tlie  privilege 
of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless  when  in  cases  of  rebellion 
or  invasion  the  public  safety  may  require. 

!Sec.  10.  All  courts  shall  be  open,  and 
every  person  for  an  injury  done  him  in  Lis 
land,  goods,  person,  or  reputation,  shall 
have  remedy  by  due  progress  of  law  and 
justice,  administered  without  denial  or  delay. 

Sec.  11.  Toe  right  of  all  citizens  to  trowel 
and  be  entertained  shall  not  be  infringed  or 
in  any  manner  whatever  be  abridged  in  this 
State. 

Sec.  12.  No  public  funds,  or  money,  or 
moneys,  shall  be  given  or  bestowed  upon 
any  charitable  or  i^ublic  institution  in  this 
State  that  makes  any  distinction  among  the 
citizens  of  this  State. 

Sec.  13.  Treason  against  the  State  shall 
consist  only  in  levjdng  war  against  the  same 
or  in  adhering  to  its  enemies,  giving  them 
aid  and  comfort.  No  jDerson  shall  be  con- 
victed of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act  or  a 
confession  in  open  court. 

3ec.  14.  The  right  of  the  people  to  be 
secure  in  their  persons,  houses,  papers, 
and  effects,  agaiiist  unreasonable  searches 
and  seizures,  shall  not  be  violated  ;  and 
no  warrant  shall  issue  but  on  probable 
cause,  supported  by  oath  or  affirmation, 
and  particularly  describing  the  place  to 
be  searched  and  the  person  or  things  to  be 
seized. 

Sec.  15.  No  bill  of  attainder,  ex  post 
facto  law,  nor  any  law  impairing  the  obli- 
gations of  contracts  shall  ever  be  passed 
by  the  General  Assembly,  and  no  laws 
shall  be  x^assed  regulating  labor  or  the  price 
thereof. 

Sec.  16.  All  children  bound  out  by 
any  enactment  by  any  so-callecV  gen- 
eral assembly  in  this  State  since  the 
year  eighteen  hundred  and  sixty-two, 
shall  be  released  and  returned  to  their 
parents  or  relatives  by  any  court  of  com- 
petent jurisdiction  after  the  adoption  of 
this  Constitution. 

Sec.  17.  The  property  of  no  person  shall 
be  taken  for  public  use  "i;\'ithout  just  com- 
pensation therefor,  and  no  jDerson  shall  be 
imprisoned  for  debt  except  for  fraud. 

Sec.  18.  No  distinction  shall  ever  be  made 
by  law  between  resident  aliens  and  citizens 
in  reference  to  the  possession,  enjoyment 
or  descent  of  property. 

Sec.  19.  No  person  shall  be  imprisoned 
for  debt  in  any  civil  action  on  mesne,  or 
final  process,  unless  in  case  of  fraud. 

Sec.  20.  All  men  have  a  natural  and  in- 
defeasible right  to  worship  Almighty  God 
according  to  the  dictates  of  their  own  con- 
science. No  person  shall  be  comi^elled  to 
5-ttend,  erect  or  support  any  i)lace  of  wor- 


ship, or  maintain  any  form  of  worship 
against  his  consent,  and  no  preference  shall 
be  given  by  law  to  any  rehgious  society,  nor 
shall  any  interference  v,ith  the  rights  of 
conscience  be  perniirted.  No  religious  test 
shall  be  required  ps  a  quiiliiication  for 
ofiice,  nor  shall  any  person  be  incompetent 
to  be  a  witness  on  account  of  his  religious 
belief  ;  but  nothing  he^-ein  shall  be  con- 
strued to  dispense  with  oj'  jLs  and  af!irma- 
tions.  Religion,  r  ioiality  and  knovviedge, 
however,  being  essen:ial  to  good  govern- 
ment, it  shall  be  th-j  (^iivy  of  the  General 
Assembly  to  pass  siiir-  ble  lavvs  to  protect 
every  religious  denoni.  iati(.n  in  the  peace- 
ful enjoyment  of  its  oAvn  mode  of  iDublic 
worshijD. 

Sec.  21.  The  military  shall  be  in  strict 
subordination  to  the  ci^dl  power. 

Sec.  22.  The  ^^*it  of  error  f-hall  be  a  wi'it 
of  right  in  aU  capital  casi-s,  and  shall  ope- 
rate as  a  supersedea  s  to  -  ay  execution  oi 
the  sentence  of  dea^h  until  the  further 
order  of  the  Suprem^^  Cor  vtin  the  premises. 

Sec.  23.  The  bles-inp;  -  of  a  free  Govern- 
ment can  only  be  n  ,  int;  !ned  by  a  firm  ad- 
herence to  justice,  moderc  tion,  temperance, 
frugality,  and  virtue,  and  liy  frequent  re- 
currence to  fundarrental  ^'trinci-oles. 

Sec.  24.  That  aU  ..rcptrtysnl^ject  to  taxa- 
tion shall  be  taxed  in  propc^  tic^^n  to  its  value. 

Sec.  25.  No  title  >f  :^(M:2Xr  or  h.:^reditary 
emolument,  priviaepc  m  distinction  shall 
be  e;ranted  in  this  S  : ;  . 

Sec.  26.  The  pii  d-ge  c  ^  the  debtor  to 
enjoy  the  necessary  com:i  »rts  o-^"  life  shall 
be  recognized  ly  wholesc-rns  hr-  s  exomx^t- 
ing  a  reasonable  amount  cf  ] ;ro]  vxiy  ircm 
seizure  or  sale  for  the  payment  o  iin,  debt 
or  liability  hereafter  contracted. 

Sec.  27.  That  aU  power  i<^  ve  t  -  \  in  and 
consequently  derived  from  t^.e  pc^ide,  thrt 
magistrates  are  but  t]ieir  servants  and 
trustees,  and  at  all  times  amenable  and  ac- 
cessible to  them. 

Sec.  28.  That  all  elections  shall  be  free, 
and  that  all  men,  except  ?ueh  as  are  dis- 
franchised, shall  have  and  e::;!';  ise  the 
right  of  suffrage. 

"Sec.  29.  That  no  person  shaU  be  trans- 
ported out  of  this  State  for  trial  for  any 
offense  committed  within  the  same. 

Sec  30.  The  right  of  ail  citizens,  except 
those  disfranchised,  to  bear  arms  shall  not 
be  infringed. 

Sec  31.  That  perpetuities  and  monoT>o- 
lies  are  contraiy  to  the  g'^nius  of  a  free 
State,  and  shall  not  be  allowed. 

Sec  32.  To  guard  against  transgressions 
of  the  high  powers  which  we  have  dele- 
gated, we  declare  that  exei}  t^'^ng  m  this 
article  is  excepted  out  of  the  general  pow- 
ers of  Government,  and  shall  ever  remain 
inviolate. 


42 


JOUENAL  OF  THE  COl^fSTITUTIOifAIi  CONYENTION. 


We,  yoiir  Cominittee  on  Bill  of  Eights, 
beg  leave  to  report  the  above,  and  the  fol- 
lowing resolution : 

Resolved,  That  260  copies  of  the  report 
of  the  Committee  on  Bill  of  Eights  be 
l^rinted  for  the  use  of  the  Convention,  and 
that  it  be  the  order  of  the  day  for  Monday, 
December  9,  1867. 

Eespectfully  submitted, 

Jame  H.  Ingkaham,  Chairman. 

gustavus  dupart, 

Daniel  D.  Biggs, 

Henderson  Williams, 

David  Wilson, 

John  Pieece, 

John  Scott, 

C.  B.  H.  DuPLESSis. 

The  undersigned  indorses  all  of  article  1 
except  section  1,  and  offers  thereto  the 
following  minority  rej^ort  as  a  substitute  to 
section  1,  article  1: 

Section  1.  AH  persons  being  one  year 
residents  of  this  State  and  voluntary  sub- 
jects of  the  Constitution  and  laws  of  the 
United  States,  and  the  Constitution  and 
laws  of  this  State,  are  citizens  of  this  State, 
and  therefore  entitled  to  all  the  privileges, 
immunities,  and  rights  belonging  in  all  re- 
sj^ects  to  any  citizen  of  the  United  States, 
and  no  legislative  enactment  or  judicial  de- 
cision shall  in  anywise  abridge  the  unalien- 
able rights  mentioned  or  embraced  in  this 
section.  Geoege  W.  Eeagan. 

Ordered  to  be  printed  under  the  rules. 

Mr.  Smith,  chairman  of  the  select  Com- 
mittee on  Levee  Bonds,  asked  to  be  allowed 
until  Friday  morning  in  which  to  make 
their  report. 

Mr.  Eeagan,  of  East  Baton  Eouge,  on 
the  above  Committee,  made  a  minority  re- 
port, which  was  submitted  along  with  the 
majority  report  by  the  chairman  of  the 
Committee. 

Mr.  Crane,  of  Orleans,  moved  to  print 
100  copies  of  the  reports.  Adoptexi. 

Committee  on  Contingent  Expenses  re- 
ported progress. 

Committee  on  Draft  of  Constitution  re- 
ported no  progress. 

EEPOBT    of  special  (X)MMITTEES. 

Mr.  Smith,  of  Orleans,  chairman  of  the 
Committee  on  Levee  Bonds,  reported  pro- 
gress, and  asked  for  further  time,  which 
•wa-s  granted. 

The  following  resolutions  came  u^)  in 
their  regular  course  in  the  I 

OEDSS  OF  THE  DAY.  j 

By  Mr.  Wickliffe,  of  Orleans:  i 


Wheekas,  It  is  the  earnest  desire  of  the 
people  of  Louisiana  now  in  Convention  as- 
sembled to  reconstruct  this  Stat^  in  perfect 
accord  with  the  will  of  Congress  of  the 
United  States  as  expressed  in  the  recon- 
struction laws  i^assed  by  that  august  body 
for  the  government  of  the  States  lately  in 
rebellion  ;  and 

Wheeeas,  It  is  utterly  impossible  to 
carry  out  the  will  of  Congress  as  therein  ex- 
l^ressed  for  the  reconstruction  of  this  State, 
unless  the  State,  municipal,  parish,  and 
judicial  offices  throughout  the  State  are 
filled  by  men  of  undoubted  loyalty  to  the 
general  Government,  prior  to  the  attempt 
to  submit  the  Constitution  to  the  people  for 
ratification,  or  to  take  any  other  stej)  to- 
ward the  reconstruction  of  this  State;  and 

Whereas,  The  power  of  this  Convention 
of  the  people  of  Louisiana  to  accomplish 
this  essential  prerequisite  to  a  reconstruc- 
tion, viz :  the  removal  of  all  disloyal  men 
now  in  ofiice  throughout  the  State,  and  the 
installing  in  their  places  men  of  known  and 
tried  loyalty — ^is  not  as  clearly  defined  by 
the  said  reconstruction  acts  as  is  desirable; 
therefore 

Resolved,  That  this  Convention,  elected 
by  the  loyal  joeopie  of  Louisiana  in  obedi- 
ence to  the  laws  of  Congress,  and  repre- 
senting directly  and  legally  the  feehngs, 
sentiments,  v/ishes  and  purposes  of  the 
loyal  people  of  Louisiana,  both  white  and 
colored,  do  hereby  earnestly  petition  Con- 
gress, at  the  earliest  possible  moment  to 
pass  an  enabling  act  giving  power  to  this 
Convention,  as  the  representatives  of  the 
loyal  people  of  Louisiana,  to  remove  from 
ofS.ce  all  men  throughout  the  State  who  now 
are,  or  may  be  in  any  State,  municipal, 
parish,  or  judicial  office,  and  who  now  are 
or  may  be  impediments  to  the  reconstruc- 
tion of  Louisiana  in  accordance  with  the 
reconstruction  laws  of  Congress,  and  fill 
those  offices  with  men  of  undoubted  loyalty 
and  sympathy  with  the  expressed  wLll  of 
Congi'ess,  and  requii'e  the  commanding 
General  of  the  Fifth  Military  District  to 
render  aU  desii'ed  and  necessary  aid  in 
order  to  carry  out  the  will  of  Congress  in 
reconstructing  this  Stato;  Prmnded,  That 
all  appointments  thus  made  shall  be  tempo- 
rary, and  the  incumbents  thus  appointed 
shall  hold  their  offices  until  their  successors 
are  duly  elected  under  the  Constitution  to 
be  submitted  by  this  Convention. 

Resolved,  That  copies  of  these  resolutions 
be  lorwarded  by  the  President  of  this  Con- 
veiiion  to  <:he  honorable  Speaker  of  the 
H&;<.Ke  of  "Representatives  at  Washington, 
and  (he  lio'-.orable  Presid-mb  of  the  United 
States  '-.'eL  :..e,  requcM  ing  them  to  lay  the 
same   uefore  the    respective  bodies  over 


JOURNAL  OF  THE  CONSTITUTIONAL  CON^TNTION. 


rhicli  they  preside,  and  t-o  iirge  immediate  •  Mr.  Tinchant,  of  Orleans,  moved  to  con- 
ction  thereon.  :  firm  the  nomination   of    the  Committee. 

Referred  to  Committee  of  the  TThole.       ^  Adopted;  and  the  appointment   of  3Ir.  E. 

By  Mr.  In.graham.  of  Caddo  :  '  Longi^re,  as  clerk  of  said  Committee,  ^as 

"Whzbeas.  The  E.j-pubhean  Thirty  of  the  j^eliuvJ  t.i  he  confirmed. 
Jnited  btat.^  le  pr.puring  it.eli  lor  rh.  :sLr.Y andergvi^.  chairman  of  Committee  on 
ast  great  .-7i-:___  T>-iiich  shah  torerer  ^ 
Letermine  the  ./i.Mi-n  of  lmiu-I  pohtical  Lnrohment,  presented  the  lonu^-mg report: 
nd  civil  right.^  for  ah  the  citizc-ns  oi  the  Xhat  the  nomination  of  H.  Berth- 
iepnbhc  ;  and  elot     as     Chief     Enroling     Clerk,  A. 

"Wheeea-S,  The  EepnbHcan  Congrt-ssioual  Snaer  and  "V^  alker  Brkien,  as  assistant  en- 
>ommittee  has  liecome  the  chief  iu>:n 


aentahty  of  the  Eepiibhcan  pai-ty  I'jr  i.^. 
lissemination  of  its  xn-ineiples  and  th.  • 
)rganization  of  its  vut^-r-  in  ah  the  State--, 
nd  esi^eciahy  in  the  non-reCun-tnieteJ 
jtates  ;  and 

Wheeeas,  Hofi.  Thomas  AV.  C<jnv.-ay  i- 
lie  chief  organizer  and  representative  (A 
he  said  Congressional  Committee  in  the 
southern  States  ;  therefore,  be  it 

Eesolv^d.  That  he  l^e  and  is  hereV^y  in- 
rited  by  this  C^aivention  to  dehv.-r  an 
iddi-ess'on  the  situation  of  th-:-  cu^mtrv  in  completing  their  reports.  Lost. 


ling  clerks  of  the  Committee  of  Enroll- 
lit  be  confirmed. 

3ir.  ^hckhfie.  of  Orleans,  moved  to  lay 
the  report  on  the  table,  Adupted. 

j.Ir.  Y\hcklifi:e,  of  Orleans,  move-d  that 
the  Committee  on  the  Whole  .-hah  sit  every 
evening.  Stmdays  exceptel.  at  six  o'clock. 

Mr.  Smith,  of  Orleans,  moved  to  adjourn 
until  Monday  for  the  piu'pose  of  giving  the 
standing   committees    an    opportunity  of 


Ms  hah  at  snch  time  (^viien  thi^  Ce'iiveii- 
iion  is  not  in  regular  session;  us  may  .siiit 
lis  convenience. 

Mr.  CromTveU.  of  Orleans,  moved  to 
imend  by  extending  the  invitation  to  Mrs. 
E.  Highgate. 

Mr.  T.  Isabelle.  of  Orleans,  moved  t-o  lay 
yn.  the  table.  Adopted. 
By  Mr.  Dearing.  of  Eapides: 

Resolr^- 1.  That  each  and  every  r".r-  'i. 
J  Who  may  have  been  or  may  be  reRi.-Tered 

-  jonder  the  acts  of  Congress  passed  March  2. 
jl867,  and  the  a^-t^  sn|ipleniontary  thereto. 

1  |to  provide  for  th  .•  ni-.-re  eln.-it-nt  govern- 
.  iment  of  the  rebd  States,  vho  have  can 
,  produce  sufficient  e-%ddence  of  their  ha^-incr 
\  been  registered.  shaU  be  aUowed  to  vote  in 

-  any  j)arish  in  the  State  for  or  against  the 
[  iratification  of  the  Constitution  which  this 
r  iCk)nvention  may  form, 

)  I  Referred  to  the  Committ-ee  on  Legisla- 
y  j  tive  Department. 

By  Mr.  Depa.s8eau,  of  Orleans : 
Resolved,  That  ah  reports   of  standing 
oommitt-ee-s  vrhen  taken  tip  shah  be  con- 
sidered section  by  section. 

Mr.  Blandin,  of  Orleans,  moved  to  adopt. 


Mr.  McMihen.  of  Carroh.  moved  to 
amend  by  striking  oitt  the  words  ''Sundays 
excepted. 

Mr.  Crane,  of  Orleans,  moved  to  amend 
by  adding  the  words  -"to  take  efiect  after 
Wednesday  next. " 

Mr.  Thos.  IsabeUe.  of  Orleans,  moved  to 
lay  the  motion  and  amendments  on  the 
table.  Adopted. 

Zvlr.  Ingraham,  of  Caddo,  moved  that 
when  this  Convention  adjourn  it  be  until 
to-morrow  at  twelve  o'clock,  at  which  time 
aU  standing  committees  wih  be  recpui'ed  to 
report.    Laid  on  the  table. 

Mr.  Bertonneau.  of  Orleans,  moved  to  lay 
on  the  table.  Adopted. 

Mr.  "Wickhffe,  of  Orleans,  moved  that 
the  Convention  do  now  resolve  it-self  into  a 
committee  of  the  whole  for  the  considera- 
tion of  the  resolution  referred  tliis  morning. 

The  motion  was  adopted  and  the  Conven- 
tion went  into  committee  of  the  whole. 
Mr.  Pinchback,  of  Orleans,  in  the  chair. 
At  4z  o'clock  p.  it.  the  Committee  rose 
and  through  it^s  chairman.  Mr.  Pinchback, 


Canded, 

Mr.  Bonseigneur,  of  Orleans,  chairman  \  reported  progress  to  the  C-onvention. 
of  the  Committee  on  Contingent  Expenses.  I    On  motion  of  Mr.  Ingi-aham,  of  Caddo, 
submitted  the  fohowing  report:  I  the  Convention  adjourned  until  to-morrow 


That  the  nomination  of  Mr.  LongjDre.  ' 
Clerk  of  the  Committee  on  Enrollment,  be  i 
confii'med.  ( 


at  12  M. 
A  true  copy  : 


TTM.  TIGERS,  Secretary. 


4A 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


ELEVENTH  DAY. 
New  Oeleans,  Friday,  Dec.  6,  1867. 
The  Convention  met  at  12  o'clock  m. 
President  Taliaferro  in  the  chair. 
The  roll  was  called  by  the  Secretary  and 
the  following  delegates  answered  to  their 
names : 

Messrs,  Taliaferro,  Antoine,  Baker,  Ear- 
ret,  Belden,  Bertonneau,  Blackburn,  Blan- 
din,  Bonseigneur,  Bonnefoi,  Brown  Butler, 
Cooley,  Crane,  Crawford,  Cromwell,  Cuney, 
Dearing,  Demarest,  Depasseau,  Deslonde 
P.  G.,  Deslonde  Jos.,  Donato,  Douglass, 
Drinkard,  G.  Duparte,  Duparc,  DuiDlessis, 
Esnard,  Francois,  Faher,  Ferguson,  Gair, 
Gardiner,  Gould,  Guichard,  Harris,  Har- 
rison, Hiestand,  Ingraham,  Isabelle  'J\, 
Isabelle,  Jones,  Kelso,  Lange,  Leroy, 
Lewis  J.  B.,  Lewis,  Ludeling,  Moris, 
Meadows,  McLeran,  Morris,  Moses,  Mur- 
rel,  Mushaway,  Myers,  Oliver,  Packard, 
Pierce,  Pinchback,  Poindexter,  Pollard, 
Reagan,  Reese.  Riard,  Riggs,  Rodrig^^ez, 
Schwab,  Smith,  Snaer,  Scott,  Snider, 
Steele,  Thibaut,  Tinchant,  Twitchell,  Un- 
derwood, Valfroit,  Vandergriif,  Vidal, 
Waples,  Wickliffe,  "WilUams,  Wilson— 82 
members  present. 

Prayer  by  Rev.  Mr*  J.  Fiske  : 

The  journal  of  yesterday's  proceedings 
was  read  and  adopted. 

OEIGINAL  BESOLUTIONS. 

By  Mr.  Tinchant,  of  Orleans  : 
Whereas,  By  the  acts  of  the  United 
States  Congress,  known  as  Military  Re- 
construction acts,  and  by  the  acts  suj)ple- 
mentary  thereto,  this  Convention  is  em- 
powered not  only  to  make  a  Constitution, 
but  to  found  a  Civil  Government ;  there- 
fore, be  it 

Resolved,  That  this  Convention  shall  im- 
mediately take  prompt  measures  to  form  a 
Civil  Government  loyal  to  the  United 
States,  and  so  enact  as  to  have  it  thorough- 
ly organized  throughout  the  State  previous 
to  submitting  the  Constitution  to  the  peo- 
ple for  ratification. 

Laid  over  under  the  rules. 

Mr.  Harper,  of  St.  John  the  Baptist, 
moved  : 

That  no  member  of  this  Convention  shall 
speak  more  than  ten  minutes  upon  any 
question,  except  in  committee  of  the 
whole. 

Mr.  Crawford,  of  CarroU,  offered  the  fol- 
lowing motion: 

That  the  Sergeant-at-Arms  be  instructed 
to  keep  one  of  his  assistants  in  the  ante-  i 


room,  and  that  he  be  required  to  keef 
order  and  silence  therein.  Adopted. 

Mr.  Bonseigneur,  of  Orleans,  moved  to 
amend  Mr.  Harper's  motion : 

That  no  member  shall  be  allowed  to 
speak  more  than  twenty  minutes  upon  any 
question,  without  the  consent  of  the  Con- 
vention. 

Mr.  Biu'rel,  of  St.  John  the  Baptist, 
moved  to  table.  Lost. 

Mr.  Ingraham,  of  Caddo,  moved  to  sus- 
Ijend  the  rules  to  ado]ot  the  motion  of  Mr, 
Harper. 

Mr.  Smith,  of  Orleans,  moved  to  lay  on 
the  table.  Adopted  on  a  division — ayes 
52,  nays  22. 

By  Mr.  Lynch,  of  CarroU: 

Resolved,  That  the  Major  General  com- 
manding the  Fifth  Military  District  is 
hereby  res]3ectfully  asked  to  furnish  this 
Convention  an  official  statement  of  the  num- 
ber of  registered  voters  in  each  parish  of  the 
State. 

On  motion,  the  rules  were  suspended  to 
put  the  resolution  on  its  passage. 

Mr.  Barret,  of  Union,  moved  to  amend 
by  adding  the  words  ' '  and  each  represen- 
tative district  of  the  city." 

The  amendment  was  accepted,  and  the 
resolution  was  adopted. 

By  Mr.  Valfroit,  of  Ascension: 

Resolved,  That  the  legislative  body  in 
general  assembly  shall  not  have  the  power 
to  make  or  pass  any  acts  or  amendments  in 
the  Legislature  of  the  State  of  Louisiana 
that  shall  deprive  his  citizens  of  the  right 
of  entering  into  any  public  places  on  account 
of  race,  color  or  previous  condition. 

Lies  over. 

By  G.  Duparte,  of  St.  Tammany: 
Wheeeas,  Many  of  our  colored  citizens 
have  been  bound  out  by  the  action  of  the 
Freedmen's  Bureau  agents  to  their  former 
masters,  and  others  against  the  will  of  their 
natural  relations;  and 

Whereas,  Great  many  of  those  children 
have  been  taken  away  from  the  midst  of 
their  natural  relations,  amongst  whom  they 
were  doing  well,  and  bound  over  to  their 
former  masters  and  others  for  a  time  not  to 
expire  until  such  unfortunate  children  shall 
have  obtained  to  the  age  of  twenty-one 
years;  and 

Whereas,  We,  the  people  of  this  State, 
do  desire  that  those  children  be  returned 
back  to  their  natural  relations  so  soon  as 
the  Constitution  shall  kave  been  ratified  by|fi5 
the  people,  accepted  by  Congi-ess,  and  the 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


45 


5tate  re -admitted  in  the  Union  of  the 
jnited  States;  therefore,  be  it 

Bes  jlved,  Tliat  all  contracts  made  by  the 
kction  of  the  Freedmen's  Bureau  agents  in 
ihis  State  in  relation  to  children  bound 
)ver  to  their  former  masters  and  others, 
^^Ivithout  the  consent  of  their  natural  rela- 
'iions,  are  declared  to  be  null  and  o 
ralue  so  soon  as  the  Constitution  of  this 
^tate  shall  have  been  ratified  by  the  x^eople, 
tccepted  by  Congress,  and  the  State  re- 
dmitted  in  the  Union  of  the  United 
states. 

Lies  oyer  under  the  rules. 
By  Mr.  Wilson,  of  Orleans: 
Resolved,  That  the  Legislature  shall  pro- 
dde  for  the  education  oi  all  children  in  the 


The  Special  Committee  submitted  the  fol- 
lowing rej)ort: 


SPECIAL,  COiTMITTEE  S  PwEPOP.T. 
To  the  President  and  Mtiubf  rs  of  the  Convention  : 

The  Special  Committee  appointed  to  re- 
port on  the  subject  oi  levees  a.s  per  resoiu- 
no  !  tion  of  your  body,  beg  to  submit  the  foliow- 
ing: 

They  haye  not  had  the  requisite  time  to 
present  a  detailed  staUment  oi:  the  condi- 
tion of  the  leyees  for  each  parish,  nor  do 
they  deem  it  essential  for  the  Convention. 

It  is  a  matter  of  history,  and  a  darh  cr^p- 
ter  in  the  annals  of  our  State.  !■  <  t  V.'e 
fairest  ^Dortion  of  oiu-  agricultvrri  la.^is 
have  been  submerged  by  the  breakinv  of 
the  leyees  on  the  Mississipx^i  for  the   .  ist 


5tate,  between  the  ages  of  six  and  eighteen  j  tliree  years;  the  foUo™g  parishes  having 
rears,  of  every  race  and  color,  without  re- !  g^iffered  from  this  calamity,  viz:  Carroll, 
^ard  to  any  previous  condition,  by  the  !  Madison,  Tensas,  Concordia,  Point  Coupee, 
naintenance  of  free  pubhc  schook,  by  tax- j -^est  Baton  Eouge,  IberyiUe,  Ascensoin, 

Lafourche,  Terrebonne,  St.  Mary,  St.  Mar- 
tin, Avoyelles,  Catahoula  and  St.  Landry. 
The  bottom  lands  of  Eed  River  and  the 
Ouachita  have  been  overflowed  from  the 


ttion  or  othei-^^-ise, 

Referred  to  the  Committoe  on  Education. 

Mr.  Thomas  Isabelle,  of  Orleans,  moved: 

That  each  standing  committee  be  author- 
zed  to  employ  one  clerk  whenever  aniajori- 
y  of  such  committee  may  decide  the  same 
,0  be  necessary. 

Mr.  Blandin,  of  Orleans,  moved  to  lay 
)n  the  table.  Lost. 

And  the  motion  on  a  division  was  adopt- 


Mr.  Wickliffe,  of  Orleans  moved  : 

That  the  President  of  this  Convention  be, 
md  he  is  hereby  authorized  and  required, 
o  immediately  issue  warrants  on  the  Treas- 
urer of  this  State,  to  each  member,  officer 
md  employee  of  this  Convention,  for  the 
imount  due  each,  for  his  services  in  this ;  appropriated 
Convention,  said  warrants  to  be  indorsed '  " 
)y  the  President  and  signed  by  the  Secre- 
ary,  and  comitersigned  by  the  chairman 
)f  the  Committee  on  Cintingent  Expenses. 

Adopted. 

Mr.  Smith,  of  Orleans,  moved  to  invite 
lie  Hon.  E.  Heath,  Mayor  of  New  Orleans, 
t  seat  on  the  floor  of  the  Convention, 
learned. 


same  cause — that  is,  the  breaking  of  the 
levees.  It  ^is  not  our  province  to  furnish 
statistics  to  show  the  magnitude  of  the  loss 
of  crops,  the  destruction  of  stock,  the  in- 
jury to  the  lands  and  the  sufterings  and 
destitution  of  the  people  caused,  thereby. 

The  present  condition  of  the  levees  alford 
no  security  against  a  repetition  of  these 
calamities;  on  the  contrary,  the  brcc.ks  in 
the  levees  through  which  the  river  poured 
its  vast  floods  during  the  last  high  water, 
are  still  open,  and  unless  closed,  the  same 
extent  of  country  ^^ill  be  overflowed  for 
the  third  time. 

The    Legislature,    at    its  last  session, 
four  milhons  of 


SPECIAL  ORDER  OF  THE  DAY. 


doUars  in  the 

I  form  of  bonds,  bearing  six  per  cent,  in- 
j  terest,  payable  in  twenty  years,  for  levee 
:  purposes,  to  be  expended  by  the  State 
1  Board  of  Levee  Commissioners.  We  are 
;  informed  by  the  chairman  of  the  existing 
I  Board,  J.  H.  Oglesby,  Esq. ,  that  W.  D. 
j  Smith,  a  member  of  the  Board,  and  bin  self, 
were  appointed  a  committee  to  proceed  to 
New  York,  and  other  Northern  cities,  for 
the  purj^ose  of  negotiating  the  sale  of  these 
bonds,  or  borrowing  money  on  pledge  of 
same,  as  provided  by  law. 

That  the  committee  reached  New  York  in 
the  early  j^art  of  August,  ha-sing  in  theii' 
I  possession  a  sample  of  the   bonds,  and 


The  resolution  offered  by  ^Ir.  McMillan, 
)f  Carroll,  on  the  subject  of  the  levee 

)onds,  which  was  made  the  special  order  '  thoroughly  canvassed  that  market  to  obtain 
or  the  day,  was  taken  up,  and  on  motion  i  funds,  either  by  sale  or  loans  on  pledge, 
►f  Mr.  McMihan  its  consideration  w^is  de- '    The  sale  of  the  bonds  being  Hmited  by 
-,  --n    i^j.     n  J-    i!  j-i     o      •  1  I  law  and  not  less  than  eighty  cents  on  the 

en-edtiU  after  the  report  of  the  Speciax  |  ^^^^  ^^^^   ^.^^  ^^^^^^  ^• 


ommittee, 
nan, 


of  which  Mr.  Smith  is  chair- 


quoted  at  the  same  time  as  worth  but  fifty- 
six  cents  oii  the  dollar;  it  is  not  difficult  tQ 


i 


46 


JOUBNAi  OF  THE  OOKSTITUTIOI^AL  COKYENTION. 


understand  why  the  sale  of  said  bonds 
■could  not  be  accomplished,  and  of  course 
all  efforts  in  that  direction  failed. 

Efforts  to  borrow  money  on  pledge  were 
equally  unsuccessful.  The  commissioners, 
as  it  will  be  seen,  have,  therefore,  accom- 
l^lished  nothing.  The  entire  series  of 
l3onds  are  in  the  hands  of  the  Governor, 
unsigned  and  unissued.  It  may  not  be 
amiss  here  to  remark,  as  a  last  resource  to 
obtain  means  to  construct  the  grand  and 
important  levees,  the  Board  advertised  for 
23roposals  to  build  these  levees,  tendering 
bonds  in  payment. 

The  high  rates  of  the  bids  received  es- 
tablished the  fact  of  the  depreciated  value 
of  the  bonds  in  the  market,  and  the  sacri- 
fice was  deemed  too  great  by  the  Board  to 
justify  theu'  accej^tance  of  the  offers  for  the 
present. 

In  view  of  the  preceding  state  of  things, 
we  are  furfclier  informed  by  Mr.  Oglesby, 
chairma,n,  that  the  Board  at  its  last  meeting 
came  to  the  conclusion  that  nothing  could 
be  done  by  way  of  building  the  levees,  re- 
lying on  the  State  appropriation,  and  de- 
termined to  make  another  effort,  by  send- 
ing commissioners  or  agents  to  "Washing- 
ton, to  ask  Congress  for  the  passage  of  a 
bill  authorizing  the  indorsement  or  guaran- 
tee of  the  bonds  by  the  General  Govern- 
ment, or  a  loan  for  the  amount,  on  pledge 
of  the  bonds.  The  persons  appointed  by 
the  Board  to  go  to  Washington  on  this 
mission  are  Messrs.  J.  H.  Oglesby,  W.  L. 
McMillan,  member  of  the  Board,  and  Mr. 
J.  P.  Sullivan,  of  New  Orleans. 

It  is  the  general  opinion,  in  view  of  the 
present  low  stage  of  the  river,  that  the 
spring  freshets  will  be  later  than  usual.  It 
is,  therefore,  thought  that  if  aid  could  be 
promT3tly  obtained  from  Congress  in  any 
shape,  to  build  the  levees,  it  might  be  avail- 
able for  protection  against  the  next  rise. 

In  conclusion,  your  committee  beg  to 
state  that  they  are  of  opinion  that  the  pro- 
ject originated  by  the  Board,  of  sending 
commissioners  to  Washington  to  appeal  to 
Congress  for  national  aid  to  restore  the 
levees,  is  worthy  of  the  serious  considera- 
tion of  the  Convention  for  indorsement. 

It  is  also  regarded  by  your  committee  as 
a  matter  of  the  highest  importance  that  the 
men  selected  for  this  purpose  should  possess 
a  record  of  loyalty  to  the  government  and 
identity  with  the  interest  of  the  State,  and 
be  able  to  furnish  statistics,  present  facts 
and  arguments  to  convince  Congress  that 
the  National  Government,  as  well  as  the 
States  bordering  on  the  Mississippi  river, 
have  a  deep  interest  in  the  security  of  the 
levees,  by  which  a  vast  area  of  the  alluvial 
lands  of  this  great  vaUey  can  be  reclaimed 
fo    the  purposes  of  agriculture.    On  the 


mode  and  manner  in  which  this  aid  shall  b 
a^ked,  whether  by  the  indorsement  of  th 
bonds  and  the  i^roceeds  thereof  to  be  e^ 
pended  by  the  State  authorities,  or  whethe 
in  the  shape  of  a  loan  on  the  deposit  of  th 
bonds  as  a  pledge,  the  money  to  be  dij 
bursed  as  aforesaid;  or  by  Congress  takin 
the  levees  as  a  national  work,  to  be  bui 
under  the  direction  of  its  own  agents,  ai 
questions  that  admit  of  a  difference  c 
opinion. 

Your  committee,  with  due  deferenct 
think  that  if  Congress  should  conclude  t 
come  to  the  relief  of  the  State  by  grantiii 
material  aid  to  build  the  levees,  that  it  wi 
be  adopted  as  a  national  measui-e,  and  it 
money  will  be  disbursed  by  the  usual  mod< 

Impressed  with  this  idea,  and  to  corre< 
the  prejudices  created  in  the  minds  of.tlj 
members  of  that  body,  by  the  efforts  ( 
those  previously  entrusted  with  the  duty  < 
representing  the  State  in  this  matter,  an 
who  have  attempted  to  bring  pecuniary  ii 
fiuences  to  bear  on  Congress.  i 

Your  committee  are  of  the  opinion  tlu 
the  appropriation  asked  should  be  as 
measure  of  national  relief.  We  think  tl 
action  of  this  Convention,  in  the  premise 
representing  as  it  does  the  loyal  element 
the  whole  State,  will  have  an  imjoortant  ii 
fiuence  with  Congress  in  convincing  the 
that  the  relief  asked  is  not  a  party  measure 
but  is  necessary  to  perfect  the  reconstru 
tion  policy  of  Congress. 

Y^'our  committee  further  report  that  fro 
reference  to  the  books  of  the  Auditor  ar 
Treasurer's  office,  it  does  not  appear  th' 
any  such  bonds  exist  of  the  four  miUion  i 
sue,  and  that  the  act  of  the  Legislature  a 
thorizing  the  said  issue  has  not  been  con 
plied  with. 

(Signed)         Chas.  Smith,  Chairman. 

Resolution  by  Mr.  Charles  Smith,  of  O 
leans : 

The  State  of  Louisiana  shall  be  divide 
into  four  Districts,  viz : 

First  District — All  parishes  and  fractio 
of  parishes  lying  east  of  the  Mississip 
river,  and  south  of  the  Mississippi  Sta 
line. 

Second  District — All  parishes  and  fra 
tions  of  parishes  lying  west  of  the  Missi 
sippi  river,  and  south  of  the  south  line 
Rapides  and  Avoyelles  parishes,  includii 
Point  Coupee  parish. 

Third  District — All  parishes  and  fractio] 
of  parishes  lying  between  the  Mississip 
river  and  Red  river. 

Fourth  District — All  parishes  and  fra 
tions  of  parishes  lying  west  of  Red  rive 
and  north  of  the  south  line  of  Rapides  ai 
Avoyelles  parishes,  including  AvoyeU 
parish. 


JOUKKAL  OF  THE  CONSTITUTIONAL  CON^^TION. 


47 


Besolved  further,  There  shall  be  a  Gen- 
eral Superintendent  elected  by  the  Superin- 
tendents of  each  District. 

Referred  to  the  Committee  on  Internal 
Improvements. 

Mr.  Waples,  of  Orleans,  moved  that  the 
report  be  laid  on  the  table,  subject  to  caU, 
and  the  Committee  discharged.  Adopted. 

The  consideration  of  the  resolution  of 
Mr.  McMillan,  of  Carroll,  was  resumed. 

Mr.  WicMiffe,  of  Orleans,  moved  to  lay 
on  the  table. 

;  Mr.  McMiUan,  of  Can^oll,  called  for  the 
ayes  and  nays,  which  was  seconded  by  one 
fifth  of  the  members  x^resent. 

The  Secretary  called  the  roll  and  the 
motion  to  table  was  adopted — ayes  76,  nays 
13 — as  follows  : 

Ayes  :  Messrs.  Antoine,  Baker,  Belden, 
Bertonneau,  Blackburn,  Blandin,  Bonsei- 
gneur  Bonnefoi,  Brown,  Buirrel,  Butler, 
Crane,  Cromwell,  Cuney,  Demarest,  De- 
passeau,  P.  G.  Deslonde,  Douglass,  Drink- 
ard,  Duparte,  Dupart,  Duplessis,  Esnard, 
Francois,  Gair,  Gardiner,  Harris,  Hiestand, 
Ingraham,  R.  H.  Isabelle,  Thomas  Isabelle, 
Jackson,  Jones,  Kelso,  Lange,  Leroy,  J.  B.  | 
Lewis,  Marie,  Martin,  Massicot,  Meadows, 
McMiUan,  Morris,  Moses,  Murrel,  Musha- 
way,  Myers,  Oliver,  Packard,  Pierce,  Pinch- 
back.  Poindexter,  Pollard,  Reagan,  Reese, 
Riard,  Riggs,  Roberts,  Rodriguez,  Schwab, 
Smith,  Snaer,  Scott,  Snider,  Tinchant, 
Twitchell,  Underwood,  Valfroit,  Vander- 
gTiff,  Yidal,  Waples,  Wickhffe,  Wilhams, 
Wilson— 76. 

Nays  :  Messrs.  Barret,  Cooley,  D earing, 
Harper,  Harrison,  Hem.pstead,  Landers, 
Richard  Le-\^ds,  Ludeling,  L;)Tich,  McLeran, 
Newsham,  Steele — ^13. 

Mr.  McMillan,  of  GarroU,  gave  notice 
that  he  would  move  a  reconsideration  of  the 
vote  to  lay  on  the  table. 

Mr.  Pinchback,  of  Orleans,  moved  to  re- 
consider,  and    Mr.    Smith,    of  Orleans, 

a(  moved  to  lay  the  motion  to  reconsider 

si  on  the  table,  which  was  adopted. 

Mr.  Wickhffe,  of  Orleans,  moved  that  the 

^  Committee  on  Finance  and  Contingent  Ex- 

ji  penses  be  requested  to  report  to  this  Con- 

pivention  at  the  earhest  possible   day  the 
respective  ordinances  on  the  means  of  rais- 

J  ing  funds  for  the  use  of  this  Convention 
submitted  to  them,  or  to  submit  a  report 

111  embodying  some  practical  and  feasible  plan 
for  securing  the  desired  object.  Adopted. 


Mr.  Ban*et,  of  Union,  moved  to  adjonra 
till  Monday  at  12  o'clock  m.  Lost. 

And  on  motion,  the  Convention  adjourned 
to  Saturday  at  11  o'clock  a.  m. 
A  true  copy  : 

WM.  VIGERS,  Secretary. 

TV/ELFTH  DAY. 
NewOeleans,  Saturday,  Dec.  7,  1867» 
The  Convention  met  at  11  o'clock  a.  m. 
President  Taliaferro  in  the  chair. 
The  roll  was  called  and  the  following  dele- 
gates answered  to  their  names : 

Resident  J.  G.  TaHaferro,  Messrs.  An- 
toine, Baker,  Barret,  Bertonneau,  Black- 
burn, Bonseignem-,  Bonnefoi,  Burrel, 
Cooley,  Crane,  Crawford,  Cromwell,  Cuney, 
Deariug,  Demarest,  Depasseau,  Douglass, 
Drinkard,  Dupart,  Duplessis,  Fuller,  Fer- 
guson, Gair,  Gould,  Harper,  Harris,  Harri- 
son, Hempstead,  Hiestand,  Jackson,  Jones, 
Kelso,  Landers,  Lange,  Leroy,  J.  B.  Lewis, 
R.  Lewis,  Ludehng,  Lyuch,  Massicot, 
Meadows,  McLeran,  McMi  Ian,  Morris, 
Moses,  Mushaway,  Myers,  Newsham,  Oliver, 
Packard,  Pierce,  Pinchback,  Poindexter, 
j  Pollard.  Reagan,  Reese,  Riard,  Rodriguez, 
Snaer,  Scott,  Snider,  Steele,  Thibaut,  Tin- 
chant,  T^^itchell,  Underwood,  Yalfroit, 
Yandergriff,  Wickliffe,  Yvilliams,  Y'^ilson — - 
73  members  present. 

Prayer  by  Rev.  Dr.  J.  Fiske. 
The  minutes  were  read  and  adojDted. 

OEIGINAL  KESOLUTIONS. 

By  Mr.  Undervv-ood,  of  St.  James: 
Resolved,  Any  person  who  shall  hereaf- 
ter fight  a  duel,  or  assist  in  the  same  as 
second,  or  send,  accept,  or  knowingly  carry 
a  challenge  therefor,  or  agree  to  go  out  of 
the  State  to  fight  a  duel,  shall  be  disquali- 
fied for  holding  any  office,  and  shall  for- 
ever after  be  disfranchised  in  this  State. 

Resolved,  That  the  Legislature  shall  at  its 
first  session  provide  by  law  that  the  names 
and  residence  of  aU  quahfied  electors  shall 
be  registered  in  order  to  entitle  them  to 
vote,  but  the  registry  shall  be  free  of  cost  to 
the  electors. 

Referred  to  Committee  on  Legislative 
DeiDartment. 

By  Mr.  Underwood,  of  St.  James: 
The  Legislature  shall  at  its  first  session 
provide  bylaw  that  the  names  and  residence 
of  all  qualified  electors  shall  be  registered, 
in  order  to  entitle  them  to  vote;  but  the 
registry  shall  be  free  of  cost  to  the  elector. 
Lies  over. 

By  Mr.  Demarest,  of  St.  Mary: 


48 


JOUP.NAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Whereas,  Gambling  in  this  State,  and 
esi3ecially  in  the  city  of  NeAV  Orleans,  is  car- 
ried on  to  a  great  extent;  and 

Whereas,  The  treasury  of  the  State  re- 
ceives no  beneiit  therefrom;  therefore,  be  it 

Resolved,  That  the  next  General  Assembly 
be  authorized  to  license  all  gambling  houses 
where  banking  games  are  kept,  for  the  ben- 
efit of  the  State,  or  of  charitable  institutions 
of  the  Scate,  as  they  may  deem  best. 

Laid  over  under  the  rules. 

By  Mr.  Belden,  of  Orleans  : 

Resolved,  That  the  jDay  of  the  President 
of  the  Convention  shall  be  double  the  pay 
of  the  other  members  thereof. 

Laid  over  under  the  rules. 

Mr.  Hiestand  moved  that  the  Sergeant- 
at-Arms  be  instructed  to  prepare  seats 
within  the  bar  of  the  Convention  which 
shall  be  set  apart  for  the  use  of  ladies  visit- 
ing this  body. 

Indefinitely  postponed  on  motion  of  Mr. 
Waples. 

By  M.  Lange,  of  East  Baton  Eouge  : 

Whereas,  Many  Members  of  this  Con- 
vention are  without  money,  and  are  depend 
ing  upon  their  warrants  in  order  to  get 
means,  and  as  many  of  them  are  probably 
unaccustomed  to  the  selling  or  trading  of 
said  warrants,  therefore  be  it. 

Resolved,  That  this  Convention  authorize 
the  President  to  call  on  the  bankers  or 
brokers  of  the  city  of  New  Orleans  and 
make  such  arrangements  as  he  possibly  can 
with  them  for  the  selling  or  cashing  of  all 
warrants  of  said  members  of  this  Conven- 
tion, and  to  report  back  to  this  Convention 
to-morrow  morning  at  11  o'clock  a.  m. 

Resolved  fartlier.  That  the  State  Treas- 
urer be  and  is  hereby  instructed  to  accept 
under  his  official  seal  any  of  such  warrants 
issued  by  the  Warrant  Clerk  and  president 
of  the  Committee  on  Contingent  Exxjenses 
of  this  Convontion, 

Lies  over. 

Mr.  WickHffe,  of  Orleans,  moved  to 
amend  rule  52  of  the  rules  and  regulations 
of  this  Convention  by  substituting  10 
o'clock  for  11  o'clock.    Lies  over. 

Mr.  WickHlfe,  of  Orleans,  moved  that 
rule  30  of  the  rules  and  regulations  of  this 
Convention  be  amended  so  as  to  read 
* 'which  shall  be  taken  up  at  1  o'clock  p.  m." 

Mr.  Wickliffe,  of  Orleans,  presented  a 
resolution  which  was  referred  without  be- 
ing read  to  the  Committee  on  the  Judiciary. 

:By  Mr,  Wilson;  of  Orleans: 


Suffrage  shall  be  universal,  and  aU  male  1 
citizens  of  any  race  or  color,  without  regard 
to  any  previous  condition,  excepting  such 
as  have  been  disfranchised  for  i)articipating  \ 
in  the  rebeUion  or  civil  war  against  the 
United  States  Governni'int,  or  for  felony 
committed  against  the  laws  of  any  States  of 
the  United  States,  who  have  attained  the  1 
age  of  twenty-one  (21)  years,  and  has  been 
a  resident  of  the  State  for  the  last  twelve 
months  preceding  the  day  of  election,  and 
are  citizens  of  the  United  States,  shall  have 
the  right  to  vote  at  all  elections  held  in  this 
State. 

The  Legislature  shall  provide  by  laws  for 
the  faithful  execution  of  tliis  article. 

Eeferred  to  committee  on  General  Pro- 
visions. 

By  Mr.  Cromwell,  of  Orleans  : 

Resolved,  That  where  persons  before  the 
adoption  of  this  Constitution,  shall  have 
undertaken  and  agreed  to  occupy  the  rela- 
tion to  each  other  of  husband  and  wife, 
and  shall  be  cohabiting  together  as  such 
at  the  time  of  its  adoption,  whether  the 
rites  of  marriage  shall  have  been  cele- 
brated between  them  or  not,  they  shall  be 
deemed  husband  and  wife,  and  be  entitled 
to  the  rights  and  privileges,  and  subject  to 
the  duties  and  obligations  of  that  relation; 
in  like  manner  as  if  they  had  been  duly: 
married,  and  all  their  children  shall  be 
deem^ed  legitimate,  whether  born  before 
or  after  the  adoption  of  this  Constitution, 
and  when  the  parties  have  ceased  to  co- 
habit before  the  adoption  of  this  Constitu- 
tion, in  consequence  of  the  death  of  the 
man  or  from  any  other  cause,  all  the  chil- 
dren of  the  woman  recognized  by  the  man 
to  be  his,  shall  be  deemed' legitimate.  The 
Legislature  shall  pass  no  laws  to  the  contrary 
notwithstanding. 

Referred  to  Committee  on  General  Pro- 
visions. 

By  Mr.  Wilson,  of  Orleans: 

The  Legislature  shall  provide  by  law  for 
the  Hcensing  of  gambling  houses,  and  said 
houses  shall  play  with  open  doors.  Two 
hundred  dollars  shall  be  levied  as  license, 
or  a  tax  on  each  banking  game,  and  one 
hundred  on  each  tombola. 

The  taxes  so  collected  shall  be  for  the 
benefit  of  charitable  institutions. 

No  municipal  corporation  shall  impose  a 
higher  license  on  such  houses  than  the 
above  mentioned  sum. 

Eeferred  to  Committee  on  General  Pro- 
visions. , 

REPORT  OF  STANDING  COMMTTTFES. 

Committee  on  Legislative  Dcixirtment — 
Beported  jDrogress. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


43 


Comni'ttee  on  the  Judiciary— Eei^orted 
progress,  and  hope  to  i^resent  full  rejDort  by 
Monday. 

COMMITTEE    ON  EXECUTIVE. 

The  Committee  on  Executive  beg  leave 
to  jDresentthe  foUoTsing  report  : 

TITLE — EXECUTIVE  DEPARTMENT. 

Article  1.  The  supreme  executive  power 
of  the  State  shall  be  vested  in  a  chief  ma- 
gistrate, vvho  shall  be  styled  the  Governor 
of  the  State  of  Louisiana.  He  shall  hold 
his  office  during  the  term  of  four  years,  and, 
together  with  the  Lieutenant .  Governor, 
chosen  for  the  same  term,  be  elected  as  fol- 
lows :  The  qualified  electors  for  Rej^re- 
sentatives  shall  vote  for  Governor  and 
Lieutenant  Governor  at  the  time  and  x^lace 
of  voting  for  Representatives  ;  the  returns 
of  every  election  shall  be  sealed  up  and 
transmitted  by  the  proper  returning  officer 
to  the  Secretary  of  State,  who  shall  deliver 
them  to  the  Speaker  of  the  House  of  Repre- 
sentatives on  the  second  day  of  the  session 
of  the  General  Assembly  then  to  be  holden. 
The  members  of  the  General  Assembly  shall 
meet  in  the  House  of  Representatives  to 
examine  and  count  the  votes.  The  person 
having  the  greatest  number  of  votes  for 
Governor  shall  be  declared  duly  elected;  but 
if  two  or  more  persons  shall  be  equal  and  the 
highest  in  the  number  of  votes  j^olled  for 
Governor,  one  of  them  shall  immetliately  be 
chosen  Governor  by  joint  vote  of  the  mem- 
bers of  the  General  Assembly.  The  person 
having  the  gTeatest  number  of  votes  iDoUed 
for  Lieutenant  Governor  shall  be  Lieutenant 
Governor;  but  if  two  or  more  persons  shall 
be  equal  and  highest  in  the  number  of  votes 
polled  for  Lieutenant  Governor  one  of  them 
shall  be  immediately  chosen  Lieutenant 
Governor  by  joint  vote  of  the  members  of 
the  General  Assembly. 

Abt.  2.  No  person  shall  be  eligible  to  the 
office  of  Governor  or  Lieutenant  Governor 
who  has  not  be-en  five  years  a  citizen  of  the 
United  States,  and  a  resident  of  this  State 
two  years  next  preceding  his  election  ;  nor 
shall  any  person  be  eligible  to  either  office 
who  has  not  attained  the  age  of  twenty-five 
years. 

Art.  3.  The  Governor  shall  be  ineligible 
for  the  succeeding  four  years  after  the  ex- 
piration of  the  time  for  which  he  shall  have 
been  elected. 

Art.  4.  The  Governor  shaU  enter  on  the 

discharge  of  his  duties  on  the    next 

ensuing  his  election,  and  shaU  continue  in 
office  until  the  Monday  next  succeeding  the 
day  that  his  successor  shall  be  declared 
duly  elected,  and  shall  have  taken  the  oath 
or  affirmation  required  by  the  Constitutic  ii. 

Asi.  5,  No  member  ol  Congress,  oi  i?.iiy 


person  holding  office  under  the  United 
States  Government,  shall  be  ehgible  to  the 
office  of  Governor  or  Lieutenant  Governor. 

Art.  6.  In  case  of  impeachment  of  the 
Governor,  his  removal  from  office,  death,, 
refusal  or  inability   to  qualify,  resignation, 
i  or  absence  from  the  State,  the  powers  and 
I  duties  of  tiie  office  shall  devolve  upon  the 
■  Lieutenant  Governor  for  the  residue  of  the^ 
term,  or  until  the  Governor,  absent  or  im- 
peached, shall  return  or  be  acquitted.  The^ 
Legislature  may  provide  by  law  for  the  case- 
of  removal,  impeachment,  death,  resigna- 
^  tion,  disability    or  refusal  to  qualify,  of. 
:  both  the  Governor  and  the  Lieutenant  Gov-  - 
'  ernor,  declaring  what  ofllcer  shah  act  a,s. 
Governor,  and  such  officer  shall  act  accord- 
;  ingly,  until  the  disability  be  removed,  oiz 
I  for  the  remainder  of  the  term. 
;    Art.  7.  The    Lieutenant    Governor  oe' 
:  officer  discharging  the  duties  of  Governor^ 
shall,  during  his  administration,  receive  the 
I  same  compensation  to  wbich  the  GovernoE- 
i  would  have  been  entitled  had  he  continueck 
i  in  office. 

I    Art.  8.  The  Lieutenant  Governor  shaU,  by ^ 
I  virtue  of  his  oflice,  be  President  of  the  Senate^ . 
;  but  shall  have  only  a  casting  vote  therein^ 
i  Whenever  he  shall  administer  the  Govern- 
!  ment,  or  shall  be  unable  to  attend  as  Presi- 
i  dent  of  the  Senate,  the  Senators  shall  elect 
I  one  of  their  own  members  as  President  of 
I  the  Senate  for  the  time  being, 
j    Art.  9.  The  Gevernor   shall  receive  a 
salary  of  eight  thousand  dollars  per  annum, 
I  payable  quarterly,  on  his  own  warrant. 
I    Abt.  10.  TMiiie  acting  as  President  of' 
^  the  Senate  the  Lieutenant  Governor  shali 
;  receive  for  his  services  the  same  compensa- 
i  tion  which  shall,  for  the  same  i3eriod,  be 
!  allowed  to  the  Speaker  of  the  House  oi 
;  Representatives,  and  no  more. 
I    Art.  11.  The  Governor  shall  have  poweir 
'  to  grant  reprieves  for  all  oifensee  against^ 
I  the  State,  and,  except  in  cases  of  impeach- 
!  ment,  shall,  v-ith  the  consent  of  the  Senate y_ 
I  have  power  to  grant  pardons,  remit  fines> 
I  and  forfeitures,  after  conviction.    In  cases 
!  of  treason,  he  may  grant  reprieves  until  the. 
!  end  of  the  next  session  of  the  General  As< 
j  sembly,  in  which  the  j)C.wer  of  j)ardoniii.^. 
shall  be  vested. 

Art.  12.  He  vshall  be  Commander-in-chi^ 
of  the  mihtia  of  this  State,  except  whe^ 
they  shall  be  called  into  the  service  of  tha 
I  United  States. 

I  Art.  13.  He  shall  nominate,  and,  by  and 
with  the  ad^dce  and  consent  of  the  Senate, 
appoint  all  officers  whose  offices  are  eatab- 
lislied  by  the  Constitution,  and  whose  ap  • 
pointments  are  not  herein  otherwise  prc-  - 
^'ided  for:  Provided,  however,  that  the 
J  Ligitoiature  shuil  huyo  a  i'lgut  to  pxescxix.^- 


50 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


the  mode   of    appointment  to  all  other 
offices  established  hy  law. 

Abt.  14.  The  Governor  shall  have  j^ower 
cs  tliat  may  happen  during  the 
S.iiate,  by  granting  com- 
•1i  shall  oxi)iro  at  the  end  of 
I  ui  thereof,  unless  other^\  ise 
ill  this  Constitution;  but  no 

a.;  l:»een  nominated  for  office  ;  State,  who  shall  hold 
i'v  tlie  S<u:.h',   shall  be  ap- 
.  sa^j;'  ()]ii;j<--  during'  the  re- 


to  fill  vac; 111 
recess  of  tl 
missions  w  ! 
the  nt^xt  s. 
i:)rovi<le(l  lo 
pers()]i  Avl).  > 
and  i-rjcr;.  ^ 
pointed  \'> 
cess  of  the   ^      ' i-. 

Aet.  15.  ii  ■  li  ;  ,s'  require  information,  in 
writing,  from  tin  oi'ifM-r,-.  in  the  Executive 
dei)artment  ui^oa  ai^y  sulrject  relating  to 
the  duties  of  tiieir  respective  offices. 

Art.  i'e  shall,  from  time  to  time, 
give  to  1 1 , '  ■  ;  i  e  u  "  Y'.il  Assembly  information 
respect  in,;  '\ir  situation  of  the  State,  and 
recommend  to  their  consideration  such 
measures  as  he  may  deem  expedient. 

Art.  17.  He  may,  on  extraordinary  occa- 
signs,  con  venue  the  General  Assembly  at 
the  seat  of  government,  or  at  a  different 
place  if  that  should  have  become  dangerous 
from  an  enomy  or  from  epidemic  ;  and,  in 
case  of  disagreement  between  the  two 
Houses  as  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he  may 
think  projjer,  not  exceeding  four  months  : 
F7'ovided,  It  be  not  to  a  period  beyond  the 
next  Constitutional  meeting  of  the  same. 

Aet.  18.  He  shall  take  care  that  the  laws 
be  faithfully  excx-uted. 

Aet.  19.  Every'  bill  which  shall  have 
passed  both  Houses  shall  be  presented  to 
the  Governor  ;  if  he  approve,  lie  shall  sign 
it,  if  he  do  not,  he  shall  return  it  with  his 
objections  to  the  House  in  which  it  origi- 
nated, whicli  shall  enter  the  objections  at 
large  upon  ihs  journal,  and  proceed  to-  re- 
consider it  ;  if,  after  such  reconsideration 
a  majority  of  all  the  members  elected  to 
that  House  sliall  agree  to  pass  the  bill,  it 
shall  be  sent  with  the  objections,  to  the 
other  House,  l)y  which  it  shall  be  likewise 
I'econsidered,  and  if  approved  by  a  majority 
of  the  members  elected  to  that  House,  it 
shall  be  a  law  ;  but  in  such  cases  the  vote 
of  both  Houses  sliall  he  determined  by  yeas 
and  nays,  and  the  names  of  members  voting 
for  or  against  the  bill  shall  be  entered  on 
the  journal  of  each  House  respectively.  If 
any  biU  shall  not  be  returned  by  the  Gov- 
ernor Avithin  five  days  af ier  it  shall  have 
been  presented  to  him,  it  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it ;  unless 
the  General  Assembly,  by  adjournment, 
prevent  its  return,  in  which  case,  the  said 
bill  shall  be  returned  on  the  first  day  of  the 
meeting  of  the  General  Assembly  after  the 
expiration  of  said  five  days,  or  be  a  law. 

Aet.  20.  Every  order,  resolution  or  vote, 
t  o  which  the  concurrence  of  both  Houses 


may  be  necessary,  except  on  a  question  of 
adjournment,  shall  be  presented  to  the  Gov- 
ernor, and  before  it  shah  take  effect,  be  ap- 
proved by  him,  or,  being  disapproved,  shaU 
be  repassed  by  a  majority  of  the  members 
elected  to  each  House  of  the  General  As- 
sembly. 

Aet.  21.  There  shall  be  a  Secretary  of 
his  office  during  the 
term  for  Avhich  the  Governor  shall  have 
been  elected.  The  records  of  the  State  shall 
be  kept  and  preserved  in  the  office  of  the 
Secretary;  he  shall  keep  a  fair  register  of 
the  official  acts  and  j^roceedings  of  the  Gov- 
ernor, and  when  necessary  shall  attest  them; 
he  shall,  when  required,  lay  the  said  regis- 
ter, and  all  papers,  minutes  and  vouchers, 
relative  to  his  office,  before  either  House  of 
the  General  Assembly,  and  shall  perform 
such  other  duties  as  may  be  enjoined  on 
him  by  law. 

Art.  22.  There  shall  be  a  Treasurer  of 
the  State  and  an  Auditor  of  Public  Ac- 
counts, who  shall  hold  their  respective 
offices  during  the  term  of  four  years.  At 
the  first  election  under  this  the  Treasurer 
shall  be  elected  for  two  years. 

Aet.  23.  The  Secretary  of  State,  Treas- 
urer and  Auditor  of  PubHc  Accounts  shall 
be  elected  by  the  qualified  electors  of  the 
State;  and  in  case  of  any  vacancy  caused 
by  the  resignation,  death  or  absence  of  the 
Secretary,  Treasurer  or  Auditor,  the  Gov- 
ernor shall  order  an  election  to  fill  said  va- 
cancy. 

Aet.  24.  The  Treasurer  and  the  Auditor 
shall  receive  a  shalary  of  five  thousand 
dollars  per  annum  each.  The  Secretary 
of  State  shall  receive  a  salary  of  three 
thousand  dollars  per  annum. 

Art.  25.  All  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  State  of 
Louisiana,  and  shall  be  sealed  with  the 
State  seal,  signed  by  the  Governor  and 
countersigned  by  the  Secretary  of  State. 

W.  L.  McMillan,  Chairman;  ^ 
Simeon  Belden, 
John  B.  Vandeegripf, 

D.  H.  Keesh, 
Curtis  Poll^vrd, 

E.  Bonnofoi, 
George  Y.  Kelso, 
James  H.  Landers. 

Mr.  Crane,  of  Orleans,  moved  to  print 
300  copies  thereof.  Adopted. 

Committee  on  General  Pro-susions — Be- 
port  progress,  and  hope  to  present  a  final 
report  on  Monday  or  Tuesday  next. 

Committee  on  Ordinance  and  Schedule — 
Keported  progress. 

Committee  on  Enrollment — Eeported  no 
progress. 


JOUEXAL  OF  THE  CONSTITrTIOXAL  COlS^^XTIO^i". 


5t 


Committee  on  Printing 
iollo-^-ing  report : 

Mr.  Blackbiu-n,  for  tlie  Committee  on 
Printing,  snbmilted  a  report  vrliicli  Avas 
af  terv\-ard  withdrawn  in  order  that  a  general 
report  might  be  made  on  Monday. 

CQAOniTEE  ox  FIXAXCE. 

Mr.  Fuller,  chaii-man,  siibmitted  the  fol- 
lowing report  : 

To  tlu:-  Proiili'iit  aarl  meniln-rs  of  the  Constitutional 
CoiiYcntioii  ot  the  State  of  Louisiana  : 

Your  Committee  on  Finance  beg  leave  to 
submit  the  following  report  : 

Sectiox  1.  Be  it  or<lii;,''d  hi/  the  Const i- 
fufloH'-f!  Convention  of  th?  St  ft-'  of  Louis- 
io }(.-/,  To  pay  the  delega:es  and  officers  of 
this  Convention,  and  to  defray  ail  other 
expenses  necessary  for  the  use  of  said  Con- 
yention,  the  following  tax  is  hereby  le^ie  l 
upon  the  property  of  this  State,  both  real  ^ 
and  personal,  -^iz:  a  tax  of  one  mill  per  | 
cent.  ' 

Sec.  2.  Be  it  further  ordain'^l  That  the  ^ 
sheriffs  of  the  State,  except  the  parish  of  j 
Orleans,  shall  collect  the  above  mentioned 
tax,  and  that  they  refer  to  the  assessment 
rolls  made  by  the  State  of  Louisiana  for  the  \ 
year   eighteen  hundred    aud   sixty-seven  I 
(1867)  as  the  basis  for  assessing  the  tax ; 
herein  levied  on  real  and  movable  property;  \ 
and  in  order  to  facilitate  them  in  the  col- 1 
lection  of  said  tax.  they  are  hereby  author- 
ized  to  employ  all  summary  r.^niedie.s  now 
given  by  law  for  the 
taxes,  and  shall  receiv( 
the  same  compen^ati 
State  for  hke  servir'.'S. 

Sec.  3.  B-  it  /■■' 
tax  herein  levit  il, 
by  the  parish  of  Oiivn: 
by  the  persons  now  elxarged  with  the  col-  j 
letion  of  State  taxes  iu  said  parish,  and  i 
they  shaU  pos.-.ess  the  same  powers  and  re-  j 
ceive  the  samr-  compe  usation.  i 

Sec.  1,        i^  furlh  -r  or'ldn-J.  That  the 
Slierih'  or  other  persons  charged  with  tlie 
€oUection  of  the  tax  levied  by  this  ordi- 
nance, shall  pay  to  the  Treasurer  of  the  ] 
State  at  the  end  of  every  month,  all  sums  | 
collected  by  them  rmder  this  ordinance,  j 
and  shall  settle  finally  with  the  Treasurer  j 
•on  the  first  day  of  April,  eighteen  hundred  I 
and  sixty-eight  (1868.)    But  m  no  case  shaU  j 
the  State  Treasurer  give  a  receipt  for  either ! 
a  partial  or  final  settlement,  without  requir-  j 
ing  the  Sheriff  or  orther  collector  to  take  j 
and  stibscrib?  an  oath  that  he  has  j^aid  aU 
the  money  collected  by  him  to  date  of  settle- 
ment, less  his  commission. 

Sec.  5.  Be  it  further  ordained,  That  so 
much  of  the  tax  le%ued  as  may  be  required 
to  pay  the  delegates  and  officers  of  this 
Convention,  and  to   defray  aU  other  ex- 


Submitted  the '  penses  necessary  for  the  use  of  said  Con- 
j  vention  shall  be  paid  by  the  State  Treasurer 
upon  warrants  signed  hx  the  President  and 
countersic-ued  bv  the  Secre1:arv  of  this  Con- 


Llection  of  State 
r  their  services 
id  them  bv  the 


■rdoined,  That  the 
vliich  shall  be  dae 
^.  shall  be  CO  lie  cted. 


vvntion.     Tlie  Inihmce  of  the  tax  levied 

shall  1)0  plaot  d  by  the  Siate  Treasurer  to 
the  erc-uir  of  rh.-  gtoo^-ral  fund,  and  reserved 
until  the  iiieet:'o^.:  of  th'-  ■  ■■  o  ^  Assembly 
\  elected  under  ihe  proviso  o  -  Consti- 
tution adopt  '  '  "his  V  eo^^onixon,  to  be 
used  as  the^"  _  c^t. 

Sec.  6  B-  -  "■•doined,    That  the 

tax  levied  by  :  liiiaoee  shall  be  paid 

only  in  the  h-^.h  ouireiiey  of  the  United 
States. 

Hexf.y  W.  Fueeef, 
Chairman  Committee  on  Finance, 
JoHX  S.  Haeeis, 
J.  G-.  Dee^kakd, 
J  OHX  L.  Bakeett, 
W.  L.  McMellax, 

Mr.  Crane,  of  Orleans,  moved  t-o  print 
200  cop^ies.  Carried. 

Committee  on  Public  Education  reported 
progress,  and  hopes  to  ^Dresent  a  full  report 
by  Monday. 

Committee  on  Internal  Improvements 
submitted  the  foUcwing: 

EEPOET  OF  THE  CO^OITCTES  ON  IXTEEXAIr 
IMPE0"^'E^IEXT3  TO  PR0~\1DE  A  BOARD  OF 
PITBEIC  WOEKS. 

Aeticee  I.  There  shall  be  a  Board  of 
Pubhc  Works  to  consist  of  three  Commis- 
sioners. 

The  State  ^hah  be  diwided  by  the  Legis- 
lature into  ibre-  di-t.'ieo^.  >■  oitaining,  as 
nearlv  as  mayb?.  an  e  /  :o-o,'  er  of  voters, 
and  one  Commi-^i  ji; .  i  ■  :0:  appointed 
by  the  Governor,  ty^"  "  ■  :ho  consent 
01  the  Senate,  in  e.-eo  li  -r:'  e:.  who  shall 
be  a  resident  owner  of  real  estate  in  the 
district. 

The  C  .~inimissioners.  so  appointed,  shall 
hold  office  for  the  term  of  three  years  ;  but 
of  the  nrsL  appointed,  one  to  be  designated 
l)y  lot.  shall  hold  office  for  one  year  only, 
and  one  for  two  years  only. 

Art.  n.  TheYTcneral  Assen-ibly,  at  its 
first  session  after  the  adoption  of  this  Con- 
stitution, shall  provide  for  the  compensa- 
tion of  the  Commissioners  and  all  officers 
employed  on  the  Public  Works  and  for  the 
organization  of  the  Board. 

The  Commissioners  first  appointed  shall 
assemble  at  a  day  and  place  to  be  ap- 
pointed by  law  and  decide  by  lot  the 
order  in  which  their  term  of  office  shall 
expire. 

Art.  m.  The  Commissioners  shall  ex- 
ercise a  diligent  and  faithful  supervision 
of  all  public  works,  in  which  the  State  may 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONYENTION. 


fje  interested,  except  those  made  by  joint 
ptock  companies. 

They  shall  communicate  to  the  General 
iAssembly,  from  time  to  time,  their  views 
regarding  the  same,  and  recommend  such 
aneasnres  as  they  may  deem  necessary  in 
order  to  employ  to  the  best  advantage,  and 
for  the  pm'i^ose  for  which  they  were  grant- 
ed, the  swamp  and  ovevflowed  lands  con- 
greyed  to  this  State  by  the  United  States. 

They  shall  appoint  ah  officers  employed 
t>n  the  public  works,  and  p  )rf  orm  such  other 
iduties  as  may  be  prescribed  by  law. 

Aet.  IY.  The  Commissioners  and  such  of 
ihe  officers  employed  on  the  public  works 
as  may  be  determined  by  the  General  As- 
sembly, shall  give  such  bond  for  the  faithful 
performance  of  their  duties  as  shall  be  pre- 
scribed by  law, 

Abt.  V.  The  commissioners  may  be  re- 
axioved  by  a  concurrent  vote  ^  a  majority 
of  the  members  elected  to  each  House  of 
the  General  Assembly,  and  the  cause  cf 
such  removal  shall  be  entered  on  the 
ijournal  of  each  House. 

Art.  VI.  The  General  Assembly  shall 
liave  power,  by  a  vote  of  three  fourths  of 
±he  members  elected  to  each  House,  to 
aboHsh  said  Board  when  in  their  opinion 
»  Board  of  Public  Works  shall  no  longer  be 
^necessary. 

H.  R.  Steele,  Chairman ; 
John  Lynch, 
Thos.  p.  Haeeison, 

F.  M.IEIE, 

J".  C.  OLr^EB, 

F.  ElAED. 

And  the  chairman,  Mr.  Steele,  moved  to 
print  500  copies. 

Mr.  Crane,  of  Orleans,  moved  to  amend 
Jby  printing  200  copies.  Adopted. 

Committee  on  Contingent  Expenses — Be- 
port  progress. 

Committer  on  Draft  of  Constitution — ^PcC- 
port  no  progi-cass. 

Mr.  Vandergrifl:',  of  St.  Martin,  chair- 
Xaan  of  the  Committee  to  wait  on  General 
Hancock,  made  a  verbal  report. 

Mr.  Lynch,  of  the  Committee  to  wait 
Upon  General  Mower,  in  the  absence  of  the 
chairman,  reported,  that  General  Mower 
^"WOuId  Tisit  the  Convention  to-day. 

OEDEES  OP  THE  DAY. 

The  resolutions  of  Mr.  Wickhffe,  as  fol- 
lows, came  up  under  the  orders  : 

Waereas,  It  has  been  charged  by  the 
enemies  of  the  colored  race  in  the  State  of 
Xiouisiana  that  it  is  the  design  of  the  colored 
Jd^QQ  to  get  control  of  this  State;  and  destroy 


the  white  race  therein,  and  Africanize  the 
State;  and 

Wheeeas,  It  is  boldly  asserted  by  the 
enemies  of  the  colored  race  that  they  are 
leagued  together  by  secret  organizations, 
and  are  armed  and  equipped  for  the  pur- 
pose of  carrying  out  this  terrible  plan  ; 
and 

Wheeeas,  Petitions  are  now  being  cir- 
culated in  this  State  for  the  purpose  of  re- 
ceiving subscriptions  of  names  of  promi- 
uent  citizens  to  these  petitions  in  order  that 
they  may  be  forwarded  to  the  President  of 
the  United  States,  to  induce  him  to  take 
action  so  as  to  prevent  this  pretended  out- 
rage ;  and 

Wheeeas,  This  whole  effort  is  but  a  plot 
to  justify  the  President  in  attempting  the 
accomplishment  of  such  measures  as  ^ill 
inevitably  lead  to  a  disruption  of  this  gov- 
ernment, and  thus  inaugurate  a  second,  and 
as  these  vile  schemers  hope,  successful  re- 
bellion against  the  government  of  the 
United  States  ;  and 

"Wheeeas,  If  this  dangerous  scheme  be 
perfected,  it  will  result  not  only  in  the  ulti- 
mate destruction  of  this  Government,  but 
in  the  reduction  of  this  newly  enfranchised 
race^again  to  the  chains  of  slavery,  mth  all 
its  concomitants,  injustice,  oppression,  and 
horrors;  therefore, 

Resolced,  That  the  members  of  this  Con- 
vention, as  the  legal  representatives  of  this 
long  abused  and  outrageously  slandered 
people,  do  solemnly  enter  our  protest 
against  this  vile  slander  on  the  great  body 
of  our  constituents;  and  being  fresh  from 
these  people,  and  thoroughly  conversant 
vdth  their  mshes,  desires,  and  intentions, 
solemnly  and  earnestly  deny  the  truth  of  all 
such  charges,  and  declare  to  the  world  that 
there  is  not  one  word  of  tmth  in  them. 

Besolved,  That,  as  loyal  citizens  of  the 
United  States,  we  denounce  the  action  of 
these  political  schemers  against  the  Govern- 
ment of  the  United  States,  and  against  the 
rij?hts  of  man,  and  warn  the  Presidentj, 
Congress,  and  the  people  of  the  United 
States  of  the  foul  plot  and  dangerous 
schemes  of  these  men. 

Resolved,  That  we  denounce  aU  men  who 
give  credence  to  this  unfounded  slander 
and  assist  in  circulating  the  same. 

Resolved,  That  we  earnestly  petition  Con- 
gress to  appoint  a  committee  to  investigate 
all  such  charges,  and  thus  disabuse  the 
minds  of  the  frieads  of  tbe  long  and  still 
abused  race  throughout  the  Union. 

Resolved,  That  the  Secretary  be  required 
to  furnish  a  copy  of  these  resolutions,  and 
mail  the  same  immediately  to  the  President, 
the  Spea,ker  of  the  House  of  Eepresenta- 
j  tives  and  President  of  the  Senate* 
[    Lies  oyer, 


OUENAL  OF  THE  CONSTITUTIOXAL  CONYEXTIOJs". 


^3 


The  report  of  the  Committee  on  Militia 
was  called  up. 

Mr.  Ludeling,  of  Ouachita,  rose  to  a 
point  of  order: 

That  under  the  rules  the  report  should 
lie  over  two  days. 

And  it  was  so  ruled  by  the  chair. 

General  Mower  was  introduced  to  the 
Convention  by  the  President,  and  a  recess 
of  fifteen  minutes  was  taken. 

At  the  expiration  of  whic)i,  the  Conven- 
tion was  cahed  to  order,  and  a  quorum  be- 
ing present,  i^roceeded  to  the  consideration 
of  the  report  of  the  Finance  Committee, 


THIKTEENTH  DAY. 
New  Oeleans,  Monday,  Dec.  9,  1867. 
The  Convention  was  called  to  order  at  1^ 
o'clock  M. 

President  Taliaferro  in  the  chair. 
The  Secretary  proceeded  to  call  the  roll 
and  the  following  delegates  answered  to 
their  names  : 

MeSvSrs.  Taliaferro,  Antoine,  Baker,  Bar- 
rett, Bel  den,  Bertonneau,  Blackbui-n,  Blan- 
din,  Bonseigneur,  Bonnefoi,  Brown,  Bur- 
rell,  Coole^-,  Crane,  Crawford,  Cromwell, 
Cuney,  Dearing,  Demarest,  Depasseau,  Des- 
londe,  Donato,  Douglass, Drinkard,  Duparte, 
U.  Dupart,  Duplessis,  Esnard,  Francois, 
Fuller,  Ferguson,  Gair,  Gardiner,  Gould, 


and  the  ordinance  of  Mr.  Blackburn,  of !  Guichard,  Harper,  Harris,  Harrison,  Hemp 


Claiborne,  in  relation  to  finance 

Mr.  Smith,  of  Orleans  vvas  called  to  the 
chair.  , 

Mr.  Crane,  of  Orleans,  moved  to 


stead,  Hiestand,_Ingraham,  Isabelle  E.  H., 
Isabtilie  Thos.,  Jackson,  Jones,  Kelso,  Lan- 
ders, Lange,  Leroy,  Lewis  J.  B.,  Lewis  E,, 
Ludeling,  Lynch,  Marie.  N  artin.  Massicot, 
Meadovrs,  McLeran,  Mc  =iiri:i:i,  Morris, Moses, 
both  report  and  resolution  to  a  committee  }  ^Uu-rel,  Mushaway,  Myers.  2N0Y>-sham,  Oliver, 


refer 


of  the  whole. 

Mr.  Newsham,  of  West  Fehciana,  moved 
that  the  Committee  of  the  Whole  be  dis- 
charged. 

Adopted. 

Mr.  Newsham,  of  West  Feliciana,  offered 
as  a  substitute  for  the  4:th  section  of  the 
resolution  of  Mr.  Blackburn,  the  following: 
Seo.  4  Be  it  further  declared  and  ordained, 
That  said  bonds  shaii  be  in  amounts 
of  twenty-live,  fifty,  one  hundred,  five 
hundred,  and  thousand  dollars,  vrith  in- 
terest of  eight  23er  cent,  j^er  annum  ;  they 
shall  be   receivable  any  date  after  issue, 


Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Eeagan,  Eeese,  Eiard,  Biggs,  Eob- 
erts,  Eodriguez,  Schwab,  Smith,  Snaer, 
Scott,  Snider,  Steele,  Thibaut,  Tinchant, 
Twitch  ell,  Yalfroit,  Yanderiarriff,  Yidal, 
Waples,  Wickhffe,  Y7illiams,^  Wilson— 91 
members  p)resent. 

Prayer  by  the  Eev.  Jos.  Welch. 
Th©  journal  of  the  preceding  day  was 
read  and  adopted. 

Mr.  Y'ickliife,  of  Orleans,  moved: 
That  a  committee  of  live  be  appointed 
by  the  chair,  to  whom  shall  be  referred  tho 
ordinance  on  finance,  submitted  by  Hon. 
Jasper  Blackburn,  vvith  instructions  to  con- 


with  interest  calculated  and  aHowed  up  to  |  fer  Arith  anv  parties  who  mav  i^ropose  to  loau 
date  ot  receipc.Jiy  the  Sheriffs,  tax  coUec- 1  money  on  bonds  to  be  issued  by  this  Con- 
die  State,  with  in- 


tors,  and  State  Treasurer  for  all  State  taxes 
or  other  public  dues,  as  well  as  for  the  sale 
of  public  lands. 

Yriiich  was  accepted  by  the  mover. 

Mr.  Xewsham  offered  the  following 
amendment : 

Sec.  8.  B<3  it  farilier  declared  and  or- 
dained, That  said  bonds  shall  be  ready  for 
issue  in  six  days  from  the  date  of  the  pas- 
sage of  this  ordinance. 

Mr.  Wickliffe  having  the  floor,  on  motion, 
the  Convention  adjourned  at  4  o'clock,  until 
Monday  at  12  o'clock  m..  with  the  under- 


vention  on  the  faith  of 
structions  to  report  to  this  Convention  at 
the  earliest  possible  moment.  ^ 
Y^hich  was  adopted. 

The  President  appointed  the  following^ 
gentlemen  on  the  Committee  : 

Messrs.  Fidler,  G.  M.  Y'ickliffe,  S.  Jones,' 
J.  W.  Blackburn,  H.  Bonseigneur. 

Mr.  Fuller  requested  to  be  exensed  and 
asked  that  J.  S.  Harris  be  substituted  in 
his  place. 

Y'hich  was  granted. 

On  motion  of  J.  Crawford,  of  Caldwell,^ 


standing  that  Mr.  Y'ickHffe  should  have  the  I  the  Convention  adjourned  until  1  o'clock 


floor. 

A  true  copy: 


WM.  YIGEES,  Secretary. 


p.  M.  on  Tuesday,  December  10,  1867. 
A  true  copy. 

^Y^M.  "NTiGEES,  Secretaiyl 


JOURNAL  or  THE  CONSTITUTIONAL  CONTENTION. 


FOURTEENTH  DAT. 
New  Orleans,  Tuesday,  Dec.  10,  1867. 
The  Convention  met  pursuant  toadjoui'n- 
3nent. 

President  Taliaferro  in  the  chair. 

The  roll  was  called  and  the  foHomng 
3nembers  answered  to  their  names: 

Messrs.  Taliaferro,  Antoine,  Barret,  Ber- 
tonneau,  Blandin,  Bonseigneur,  Bonnefoi, 
Brown,  Burrel,  Butler,  Cooley,  Crane, 
Crawford.  Cromwell,  Cuney,  Dearing,  De- 
marest,  Depasseau,  Deslonde  P.  G.,  Des- 
londe  Jos,,  Donato,  Douglass,  Drinkard, 
Duparte  Gustave,  Dupart,  Duplessis,  Es- 
nard,  Francois,  Fuller,  Ferguson,  Gair, 
Gardiner,  Gould,  Gui chard,  Harper,  Har- 
ris, Harrison,  Heampstead,  Hiestand,  In- 
gTaham,  IsabeUe  R.  H. ,  Isabelle  T. ,  Jones, 
Kelso,  Lange,  Leroy,  Lewis  J.  B,,  Lewis 
Richard,  Ludeling,  Lynch,  Marie,  Martin, 
Massicot,  Meadows,  McLeran,  Moses,  Mur- 
rel,  Mushaway,  Myers,  Newsham,  Oliver, 
Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Reese,  Riard,  Riggs, 
Roberts,  Rodriguez,  Smith,  Snaer,  Scott, 
Snider,  Steele,  Tiiibaut,  Tincliant,  T^Adtchell, 
Yalfroit,  Vandergriff,  Waples,  Wickliffe, 
"Williams,  Wilson — 91  members  present. 

The  minutes  were  read  and  ado]Dted. 

Prayer  by  Rev.  Tlios.  Conway. 

ORIGINAL  RESOLUTIONS. 

By  Mr.  Reagan,  of  East  Baton  Rouge : 
Resolved,  That  the  Sergeant-at-Arms  is 
hereby  authorized  to  furnish  any  necessary 
article  called  for  hj  the  chairman  of  any 
committee  or  other  member  of  the  Conven- 
tion. 

Lies  over  under  the  rules. 

Mr.  Deslonde,  of  Iberville,  moved  that 
the  Secretary  shall  supply  the  members  of 
the  Convention  with  postage  stamps  until 
their  per  diem  is  paid. 

Mr.  Packard,  of  Orleans,  right  bank, 
moved  to  amend  by  adding  "cigars." 

Mr.  Smith,  of  Orleans,  moved  to  lay  on 
the  table.  Adopted. 

By  Mr.  Martin,  of  Jefferson: 

Resolved,  That  the  Legislature  shall  pass 
such  laws  as  may  be  necessary  to  punish  all 
employees  or  citizens,  without  regard  to 
race,  color  or  previous  condition,  who  may 
by  threats,  violence,  or  intimidations  at- 
tempt to  prevent  any  citizen  or  citizens  as 
aforesaid  from  exercising  their  rights  and 
privileges  as  voters  or  attending  x^'iblic 
meetings  of  any  description  vvliutever,  or 
interfering  with  the  rights  and  privileges  of 
any  citizen  or  citizens  of  the  State.  | 


Referred  to  Committee  on  Judiciary. 
By  Mr.  Cromwell,  of  Orleans  : 

Resolved,  That  the  State  of  Louisiana 
shall  never  assume  nor  pay  any  debt  or  ob- 
ligation contracted  or  incurred  in  aid  of  the 
rebeUion  ;  nor  shall  this  State  ever  in  any 
manner  claim  from  the  United  States  or 
make  any  allowance  or  compensation  for 
slaves  emancii3ated  or  Kberated  in  any  way 
whatever. 

Lies  over. 

By  Mr.  Martin,  of  Jefferson  : 

Resolved,  That  the  Legislature  shall,  at 
its  first  session,  pass  such  laws  that  aR 
planters  and  farmers  in  the  State  of  Louis- 
iana shall  be  subject  and  liable  to  take  out 
a  hcense  or  pay  any  duties  or  taxes  as  retail 
merchants  for  any  article  of  clothing  or 
other  merchandise  which  they  may  buy  and 
seU  to  their  employees  on  their  plantations 
or  farms.  And  they  shall  be  subject  or 
liable  in  any  manner  as  retail  merchants  for 
such  traffic  with  said  emj^loyee  or  em- 
ployees. Such  act  shall  take  effect  from 
and  after  its  passage. 

Referred  to  the  Committee  on  Legislative 
Department. 

By  Mr.  Jones,  of  Orleans  : 

Resolzed,  That  sales  that  have  been  or 
may  be  made  by  collectors  of  taxes  shall  be 
received  by  courts  in  evidence  as  prima 
facie  valid  sales. 

Referred  to  Committee  on  General  Pro- 
visions. 

Mr.  Harper  of  St.  Charles  and  St.  John 
Baptist,  moved  that  hereafter  the  Secretary 
shall  read  by  title  only  all  biUs  or  resolu- 
tions that  are  to  be  referred  to  the  consid- 
eration of  a  committee,  thereby  saving  time 
to  the  Convention.  Laid  over  under  the 
rules. 

Mr.  Crane,  of  Orleans,  moved  that  all 
reports  of  the  committees  of  the  Conven- 
tion, except  that  of  the  committee  on  BiU 
of  Rights,  be  referred  to  the  committee  on 
Draft  of  the  Constitution;  that  committee 
to  rei)ort  them  back  in  committee  of  the 
whole,  to  be  discussed  section  by  section, 

Mr.  Crawford,  of  Caldwell,  moved  to 
amend  by  inserting  the  report  of  the  Com- 
mittee on  BiU  of  Rights  also. 

Which  was  accepted  and  the  motion 
adoi3ted. 

REPORTS  OF  STANDING  COMMITTEES, 

The  Executive  Committee  reported  pro- 
gress. 


JOUENAL  OF  THE  CONSTITUTIONAL  CONYENTION. 


55 


The  Comniitte  on  General  Pro^-isions  re- 
ported ijrogress. 

The  Committee  on  Enrollment,  Mr. 
Yandergriff,  chairman,  submitted  a  report, 
naming  M.  A.  Gury  as  clerk  of  the  commit- 
tee. Which,  after  several  objections,  was 
•withdrawn. 

The  Committee  on  Printing  submitted 
he  following  report : 

REPOET    OF  THE  COMinTTEE  ON  PPwINTING. 

The  Committee  on  Printing,  after  car;- 
fully  examining  and  comparing  former  rates 
and  contracts  for  such  works,  respeetfully 
ask  leave  to  recommend  the  follo^\ing  rate^ 
of  compensation  to  be  allowed  the  Oiiicial 
Printeu  of  the  Convention,  viz: 

For  the  first  one  thousand  copies  of  the 
Journal  of  the  Convention  in  book  form, 
printed  in  bourgeois  type,  the  pages  to  be 
of  the  usual  size  of  such  work,  and  to  be 
folded  and  stitched  in  the  ordluarv  stvle. 


members  relative  to  publishing  in  othet 
loyal  papers  the  report  of  the  proceedings 
of  the  Convention,  as  follows  : 

That  the  ofheial  proceedings  of  this  Con- 
vention be  pubhshed  ui  the  f ' nlovdng  named 
newspapers:  Tlic  X.  O.  Eepubhcan,  Homer 
Iliad,  the  Louisiana  InteLLigencer,  the  St. 
Landry  Progrv^s.  the  (t<  rm  .ii  Gazette  and 
the  Iberville  Pioneer,  to  b 


allowed  the  Oiiicial  Printti 
your  comm'ttje  has  calcu 
g;ite  sum  vill  be  but  (-"ii} 
v,-h'.':i  considered  in  cuii:, 
pul^lie  u-^ility  wliidi  lu  iy 
just  distril)Ution  c-i  iKdv^^iii 

The  udoption  by  tlie  L\^ii^ 
recommendation  is  of  great 
acvjuainting  the  people  of  t 


'  }nid  the  rates 
'.  lit  which  rates 
1  it 'd  the  aggre.' 
|i:ir;Kively  small, 
.eLl'  11  with  the 
result  from  this 
;ge. 

11  of  this 
rtance  in 


nti. 


with  the  acts  of  tlieir 
^xlll  tend  materially  in 
reconstruction  of  a  loy, 
State,  founded  on  i '  '  - 


X3ul»iie 
aidin" 
il 


five  dollars  will  be  allowed  for  each  pa^e;  licanism.    With  ti 


and  for  every  one  thousand  copies  after  the 
first  one  thousand,  three  dolLirs  per  page: 
and  in  the  same  proportion  for  fractions  oi 
one  thoLisan  l  copies. 

For  all  doctmients.  rex^orts,  or  other 
matter,  other  than  the  Journal  of  the  Con- 
vention, printed  in  book  or  pamphlet  form, 
composed  in  bourgeois,  the  pages  to  be 
of  the  same  length  and  breadth  as  the 
journal,  five  dollars  per  page  for  the  firs" 
two  hundred   copies,  and  for   everv  ad- 


I'jle  State 
rants,  and 
l;.':  the  cause  of 
L-rniiieiit  in  this 
■jf  true  repub- 
•rs  in  view,  and 
ya.-^rhe  of  the 
er  the  follov»ing 


considering  thi:'  <  :  e/: 
measure,  your  e  i  lv  ii  it t 
resolutions  for  adoption: 

Ee^ohed,  That  'the  following  rates  of 
compensation  be  allowed  the  Oirieiid  Printer 
of  this  Convention,  viz :  F.^r  thv-  tir-t  1000 
coiDies  of  the  Journal  uf  tiie  Ceuv.,  ution  in 
book  form,  printed  in  bcnirgeois  tyi^e,  the 
pao-es  to  be  folded  and  stitched  in  the  ordi- 
nary style,  five  dollars,  and  for  every  1000 
copies,  after  the  first  1000  copies,  three  dol- 


ditional  two  hundred  copies,  three  dollars  ■  lars  per  page,  and  in  t:ii 


per  page. 

For  resolutions,  memorials  or  reports  of 
committees  printed  on  foolscap,  or  similar 
sized  paper,  composed  in  l^iourgeois  type. 


'oportion 
for  fractions  of  1000  copies. 

F()r  all  doeuiiieiits,  reports  or  other  mat- 
ter, othrr  than  the  journal  of  the  Conven- 
tion, printed  in  book  or  pamphlet  form, 


thirty-six        wide  and  ninety-five  hues  in  composed,  in  bourgeois,  the  pages  to  be  of 


length,  for  the  first  two  hundred  copies 
eight  dollars  per  page.  anOi  for  each  addi- 
tional htmdred  copies,  four  dollars  per 
page. 

For  all   matter  marked  "official"  and 


the  same  length  and  breadth  as  the  journal, 
five  dollars  per  page  for  the  first  200  copies, 
and  for  every  additional  200   copies  thi*eo 
:  dollars  per  page. 

For  resolutions,  memorials  or  reports  of 


23ublished  in  the  official  journal,  one  dollar  '  committees  printed  on  foolscap,  or  similar 
per  square  of  the  sx3ace  of  ten  agate  lines,  \  sized  paper,  com]:)osed  in  bourgeois  type, 
for  the  first  insertion,  and  fiftv  cents  for '  thirtv-six  ems  v.ude  and  ninetv-five  lines  in 


each  subsequent  insertion. 

Your  Committee  would  sugg-est 


length,  for  the  first  200  copies,  8>  per  page, 
that  the  !  and  for  each  additional  100  copies  SI  per 


estimate  is  in  the  main,  at  lower  rat-es  than  :  page 
have  heretofore  been  allowed  for  similar  For  all  matter  marked  "official"  and  j)ub- 
work,  while  the  ^^rice  of  composition  and  1  lishded  in  the  official  journals,  $1  jDer  square 
the  cost  of  printing  material  generally  is  |  of  the  space  of  ten  agate  hues  for  the  first 
now  much  higher.  insertion,  and  fifty  cents  for  each  sitbsequent 

Your  Committee  would,  therefore,  most  insertion, 
respectfully  ask  that  these  rates  lie  allowed      Besolc^d,  That  the  number  of  the  journal 
and  that  the  number  of  the  journal  ordered  ordered  in  pamphlet  form  lie  2500  copies. 

B^'.<-j!'-'-d,  That  the  official  in'oceedings  be 
pubhshed  in  the  folloA\ing  additional  news- 
papers, viz  ;  The  X.  O.  Eepuldican,  the 
Homer  Iliad,  the  Louisiana  Intelligencer 
the  St.  Landry  Proo-ress.  the  X.  O.  German 
various     amendments    ofiered    bv    other ,  Gazette  and  the  IberviUe  Pioneer,  to  be 


in  pamxihlet  form  be  twenty-five  himdred 
copies. 

Your  Committee  wotdd  also  report  on  the 
resolutions  offered  by  the  honorable  mem- 
ber from  East  Baton  Eouge,   and  the 


^^6 


joueinal  of  the  co^vSTitutional  convention. 


paid  at  tlie  same  rates  as  the  Official  Printer. 

On  motion  it  was  resolved  that  100  copies 
X)i  the  report  be  printed. 

Contingcjit  Expenses — Progress. 

Draft  on  Constitution — No  pr(  g  .-ess. 

Ordinance  and  Schedule — Progress. 

The  Committee  on  Judiciary,  through  its 
chairman,  Mr.  Ludeling,  submitted  a  report, 
■  and  200  copies  were  ordered  to  be  printed. 

Mr.  McMillan  called  the  attention  of  the 
.  Convention  to  a  material  error  in  the  report 
of  the  committee  on  the  Executive  Depart- 
•  ment.  In  the  section  defining  the  cjuahfica- 
tions  of  the  Governor  the  committee  had 
: reported  25  years;  the  |)rinter  has  it  35 
.^ears. 

SPECIAL  COMMrrTE3. 

The  coniadttee  appointed,  on  motion  of 
"Mr.  WickHffe,  to  confer  v.ith  certain  par- 
■ties  on  the  snl)joct  of  bonds,  reported 
iilirough  Mr.  Harris,  chairman,  as  follows: 

Mr.  HaiTis,  of  the  special  committee  on 
IMr.  WickliiYj's  resolution  of  yesterday,  sub- 
mitted the  follov/ing: 

REPORT  OF    SPECI.\Ij  COMMITTEE. 

rTo  the  Presideiil  and  lleinbers  of  the  Constitutional 
Conveutioii  cf  the  State  of  Louisiana: 

Your  committee,  to  whom  was  referred 
^he  resolution  of  Mr.  ^Vicldiffc,  submit  the 
'iolloTvdng  report: 

Your  committee  having  confered  with 
parties  who  propose  to  loan  money  to  de- 
fi-ay  the  expenses  of  this  Convention  on 
foonds  issued  b}^  this  Convention  in  pur- 
Buance  of  the  ordinance  introduced  by  Mr. 
Blackburn,  at  the  rate  of  thirty-five  jjer 
•.cent,  discount,  the  bonds  to  be  issued  to 
the  amount  of  three  or  five  hundred  thou- 
sand dollars,  payable  in  two  years,  bearing 
eight  per  cent,  interest. 

John  S.  Habeis,  Chairman. 
Simon  Jones, 
Henby  Bonseigneub, 

G.  iVi.  WlCKLIEFE, 

W.  Jaspeb  Blackbubn. 

Mr.  Newsham,  of  est  Fehciana,  moved 
<'io  adopt  the  report. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
'lay  the  motion  to  adopt  on  the  table,  and 
/called  for  the  ayes  and  nays,  which  were 
■ordered. 

The  roll  was  called  and  the  motion  to 
'table  was  lost — ayes,  30;  nays,  54 — as 
I'ollows: 

Yeas  :  Messrs.  Barret,  Bertonneau, 
IBrown,  Butler,  Cooley,  Crane,  Crawford, 


Dearing,  Depasseau,  P.  G.  Deslonde,- 
Douglass,  Duparte,  Fuller,  Ferguson, 
Gould,  Harrison,  R.  H.  Isabelle,  Thomas' 
Isabelle,  Kelso,  Ludeling,  Lynch,  McMil- 
lan, Mushaway,  Myers,  Packard,  Biggs, 
Eodriguez,  Steele,  Vandergriff,  Waples — 30. 

Nays:  Messrs,  Antoine,  Baker,  Belden, 
Blackburn,  Blandin,  Bonseigneur,  Bonne- 
foi,  Burrel,  Cromwell,  Cuney,  Donato, 
Drinkard,  Dupa^rt,  Duplessis,  Esnard, 
Francois,  Gair,  Gardiner,  Guichard,  Har- 
per, Hempstead,  Ingraham,  Jackson,  Jones, 
Lange,  Leroy,  J.  B.  Lewds,  Rich- 
ard Lewis,  Marie,  Martin,  Massicot,  Mead- 
ows, MoLeran,  Moses,  Miirrel,  Newsham, 
OKver,  Pierce,  Pinchback,  Poindexter,  Pol- 
lard, Reagan,  Reese,  Riard,  Roberts, 
Schwab,  Smith,  Snaer,  Scott,  Snider,  Yal- 
froit,  Y/icklifife,  AYilliams,  "Wilson— 54. 

Mr.  Crawford,  of  CaldAvell,  moved  to  ad- 
journ. Lost. 

Mr.  Smith,  of  Orleans,  at  4)^  o'clock 
p.  M.,  moved  to  adjourn  till  to-morrow  at  10 
A.  M.  On  a  division  the  vote  stood  ayes  39, 
nays  39,  and  ti  e  chair  by  casting  vote  de- 
cided the  mo'ion  affirmatively. 

The  Convention  then  adjourned  till  10 
o'clock  A.  M.,  Wednesday,  December  11, 
1867. 

A  true  copy  : 

WM.  YIGERS,  Secretary. 

FIFTEENTH  DAY. 

New  Oeleans,  Wednesday,  Dec.  11,  1867. 

At  10  o'clock  A.  M.  the  Convention  was 
called  to  order. 

President  Taliaferro  in  the  chair. 

The  roll  was  called  and  the  following 
delegates  ansAvered  to  their  names: 

Messers.  Taliaferro,  Antoine,  Baker,  Bar- 
ret, Belden,  Blandin,  Bonseigneur,  Bonne- 
foi.  Brown,  Burrel,  Cooley,  Crane,  Crawford, 
Cromwell,  Cuney,  Dearing,  Demarest, 
Douglass,  Drinkard,  Duparte,  Dupart,  Du- 
plessis, Francois,  Fuller,  Ferguson,  Gair, 
Gardiner,  Gonld,  Guichard,  Harper,  Harris, 
Harrison,  Htmpstead,  Ingraham,  Isabelle, 
R.  H.,  Jones,  Kelso,  Lange,  Leroy,  J,  B. 
Levvds,  R.  Lewis,  Ludeling,  Marie,  Martin, 
Massicot,  Meadows,  McLeran,  Morris, 
Moses,  Murrel,  Mushaway,  Myers,  New- 
sham, Oliver,  Packard,  Pierce,  Poindex- 
ter, Pollard,  Reagan,  Reese,  Riggs,  Rodri- 
guez, Schwab,  Scott,  Snider,  Steele,  Thi- 
baut,  Tmtchel,  Valfroit,  Yandergriff, 
Waples,  Wickliffe,  Williams,  Wilson — 75 
members  present. 

The  journal  of  the  preceding  day  was 
r  jad  and  adopted. 


JOURNAL  OF  THE  COXSTITUTIOXAL  COXYENTIOX. 


OF.IGIXAIi  KESOLUTIOXS. 

By  Mr,  Cromwell,  of  Orleans  : 

Resolved,  That  the  migration  or  imx^orta- 
tion  of  Chinese  are  prohibited  ii^ithin  this 
State. 

Referred  to  Committee  on  General  Pro- 
visions. 

EEPORT  OP  com:mittt:es. 
Committee  on  Legislative — Report  pro- 
gress. 

Committee  on  General Prc^'isions — Report 
progress. 

Committee  on  Ordinance  and  Schedule — 
Re^Dort  2^1'Ogress. 

Committee  on  Enrollment — Xo  progress. 

Committee  on  Draft  of  the  Constitution — 
No  x^rogress. 

Committee  on  Contingent  Expenses — Re- 
port progress. 

TTNFIXISHED  BI'SIXESS. 

The  special  committee  to  confer  -^^ith 
certain  parties  as  to  the  negotiation  of 
bonds  reported  as  follows  : 

REPORT  OF  THE  SPECEVE  COM:irnTEE. 
To  the  President  and  Mein'!ier.^  of  the  Coustirutional 
Convention  of  the  State  yl  Louisiana: 

Your  committee  to  whom  was  referred 
the  resolution  of  Mr.  ATicklilfe,  of  Orleans, 
submit  the  fodoN^ing  report  : 

Your  committee  have  conferred  with 
parties  who  projoose  to  loan  money  to 
defray  the  expenses  of  this  Convention, 
on  bonds  issued  by  this  Convention,  in 
pursuance  of  the  ordinance  introduced  by 
Mr.  Blackburn,  of  Claiborne  parish,  at  the 
rate  of  thirty-five  per  cent,  discount. 

The  bonds  to  be  issued  to  the  am<3unt  of 
$300,000  or  .■?aOO,000,  payable  in  two  years, 
bearing  eight  per  cent,  interest. 

Mr.  Smith,  of  Orleans,  moved  to  adopt 
the  report  and  called  for  the  previous  ques- 
tion. 

Mr.  Blandin,  of  Orleans,  called  for  the 
ayes  and  nays. 

Mr.  Cooley,  of  Point  Coupee,  submitted 
the  follovdng  amendment: 

Resolved,  That  the  report  of  the  commit- 
tee be  recommitted,  with  instructions  that 
the  committee  shall  report  back  the  name 
or  names  of  the  party  or  parties  with  whom 
this  jjroposed  loan  is  to  be  effected. 

The  demand  for  the  previous  question 
was  sustained. 

The  chair  stated  the  question  to  be  upon 
the  amendment  of  Mr.  Cooley,  of  Point 
Coupee. 

Mr.  WickliiTe,  of  Orleans,  appealed  from 
the  decision  of  the  chair,  upon  the  ground 


I  that  the  member  from  Point  Coupee  did  not 
:  have  the  floor  when  he  presented  his  amend- 
ment, and  the  question  "shall  the  chair  be 
sustained"  being  ^^ut  to  the  Convention  it 
was  decided  in  the  negative. 
I  The  chair  then  stated  the  question  to  be 
j  upon  the  adoption  of  tht-  rei3ort. 

Mr.  Pinchl\ick.  of  Orleans,  rose  to  the 
point  of  order,  that  the  report  of  the  com- 
mittee had  not  been  received,  and  was  not 
;  properly  before  the  Convention, 
j    Mr.  Ludeling,  of  Ouachita,  moved  to  ad- 


journ. 


iOSt. 


The  question  was  put  upon  the  adoption 
of  the  report. 

;    The  Secretary  proceeded  to  call  the  roll, 
j  with  the  f ollov,dng  result : 
Ayes  53.  nays  36. 

Yeas:  Messrs.  Antoine,  Baker,  Belden, 
Blackburn,  Blandin,  Bonseigneur,  Burrel, 
Cromwell,  Demarest,  P.O.  Deslonde,  Dona- 
te. Drinkard,  Dupart,  Dnplessis,  Es^-iard, 
Francois,  Gair,  Gardiner,  Harper,  Harris, 
Hempstead,  Hiestand,  Ingraham,  R.  H.  Isa- 
belle.  Jackson,  Jones,  Lange,  Leroy,  J.  B. 
Levis,  R.  Levds,  Marie,  3iassicot,  MeadovrS, 
McLeran,  Morris,  Moses,  Murrel,  Xew- 
sham,  Ohver,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Reese,  Smith,  Snaer,  Scott, 
Snider.  Tinchant,  Twitchell,  Yalfroit,  Wick- 
liffe.  Y'ilson — 53. 

Xays:  Messrs.  Barret,  Bertonneau,  Bon- 
neioi,  Butler,  Cooley.  Crane,  Crawford, 
Depasseau,  Douglass,  Duparte,  Puller,  Fer- 
guson, Gould,  Guichard,  Harrison,  Thomas 
Isabelle,  Kelso,  Ludehng.  Lynch.  Martiu, 
McMiUan,  Mushaway,  Myers,  Packard, 
Riard,  Riggs,  Roberts,  Rodriguez,  Schwab, 
Steele,  Thibaut,  Yandergriff,  Yidal,  Y'aples, 
Yhlliams — 36. 

And  the  report  was  adopted. 

Mr.  Xewsham,  of  Y'est  Feliciana,  moved 
,  to  adopt  the  ordinance  submitted  by  Mr. 
Blackburn,  of  Claiborne,  and  moved  the 
i  previous  question. 

j  Mr.  Cooley,  of  Point  Coupee,  rose  to  the 
point  of  order  that  under  the  rules  the 
ordinance  must  be  printed  and  lie  over  two 
days,  and  moved  its  reference  to  the  Finance 
Committee. 

j  Mr.  Ingraham,  of  Caddo,  moved  that  the 
'  Convention  take  a  recess  of  half  an  hottr  to 
afford  time  to  the  special  committee  to  re- 
port on  the  ordinance  of  Mr.  Blackburn,  of 
Clailwrne,  which  had  been  referred  to 
i  them.  Adopted. 


58 


JOURNAL  OF  THE  CONSTITUTIOjTAL  CONVENTION. 


At  the  expiration  of  the  recess,  a  quomm 
being  present,  the  Convention  was  called  to 
order  and  the  special  committee,  through 
Mr.  Wickliffe,  submitted  the  follomng  re- 
port : 

To  the  President  and  Members  of  the  Constitutiunal 
Couveution  : 

The  undersigned,  members  of  the  special 
committee  to  whom  was  referred  the  ordi 
nance  on  finance  submitted  by  the  member 
from  Claiborne,  with  instructions  to  confer 
with  parties  proposing  to  loan  money  to  the 
Convention,  and  report,  resj^ectfully  ask 
permission  to  make  the  following  majority 
report  as  a  more  detailed  report  than  the 
one  already  submitted. 

The  committee,  therefore,  report  that 
they  met  the  i^arties  referred  to,  who  sub- 
mitted the  following  proposition : 

1.  They  propose  to  t  ike  the  bonds  to  be 
issued  bv  the  Convention  for  either  $300, 000 
or  $500,000. 

2.  They  propose  to  give  us  sixty-five 
cents  on  the  dollar  for  the  bonds  to  be  is- 
sued under  Mr,  Blackburn's  ordinance. 

3.  They  propose  to  dej^osit  $25,000  cash 
in  greenbacks  in  the  State  treasury  within 
seven  days  from  the  passage  of  said  ordi- 
nance by  this  Convention. 

4.  They  propose  to  forfeit  this  amount  if 
they  fail  in  their  part  of  the  contract,  which 
will  be  deposited  before  a  single  bond  is 
issued. 

5.  They  propose  to  deposit  in  the  State 
treasury  $20,000  within  every  ten  days  after 
the  issuance  of  the  bonds,  and  further  guar- 
antee that  the  Convention  shall  always  have 
funds  enough  at  its  disposal  to  cash  aU  its 
warrants. 

Your  committee  therefore  respectfully 
submit  this  more  extended  report,  and  ad- 
vise the  adoption  of  the  ordinance  of  Mr. 
Blackburn,  modified  to  the  amount  of  $300,  - 
000,  and  amended  by  the  substitute  of  the 
member  from  West  Feliciana,  for  the  fourth 
section  of  said  ordinance,  and  that  the  prop- 
ositions herewith  submitted  be  accepted  by 
this  Convention,  ^\itl\  the  understanding 
that  no  bonds  are  to  be  delivered  until  the 
money  is  -paid. 

G.  ^^.  "Wickliffe, 
Simon  Jones, 
W.  Jaspek  Blackburn, 
Henry  Bonseignbur. 

I  would  most  respectfully  dissent  from 
the  above  report.  John  Harris. 

Mr.  Wickliffe,  of  Orleans,  moved  to 
adopt  the  majority  report. 

Mr.  Ludeb'^g,  of  Ouachita,  called  for  the 
ayes  and  nays. 

The  chair  stated  the  question  to  be  upon 


3 


the  adoption  of  the  report  of  the  commitlee  t 
Mr.  Waples,  of  Orleans,  rose  to  the  poin  f 

of  order  that  the  report  should  be  printed 
I    Mr.  Ingraham,  of  Caddo,  rose  to  th(  |» 
I  i^oint  of  order  that  the  rules  had  been  sus 
I pended. 

Mr.  Wai3les,  of  Orleans,  rose  to  the  poin 
of  order  that  the  rules  were  only  suspendec 
as  to  the  motion  pending  at  the  time  of  sus 
pension,  and  were  not  now  suspended. 

The  chair  decided  that  under  the  rule; 
the  re^Dort  must  lie  over. 

Mr.  Wickliffe,  of  Orleans,  appealed  fron: 
the  decision  of  the  chair,  and  upon  a  vot( 
of  the  Convention  the  chair  was  not  sus 
tained. 

The  question  was  now  stated  by  the  chaii  [ 
to  be  uiDon  the  adoption  of  the  rej)ort.  [ 

Mr.  Waples,  of  Orleans,  moved  to  lajj 
the  report  on  the  table,  and  called  for  the 
ayes  and  nays,  which  were  ordered,  and  the 
motion  to  table  Avas  lost — ayes  33,  nays  55 — 
as  follows: 

Yeas  :  Messrs.  Barret,  Bertonneau,  Bon- 
nefoi,  Butler,  Cooley,  Crane,  Crawford. 
Dealing,  Depasseau,  Donato,  Douglass. 
Duparte,  Fuller,  Furguson,  Guichard. 
Harris,  Harrison,  Thos.  Isabele,  Kelso. 
Ludeling,  Lynch,  McLeran,  McMillan, 
Mushaway,  Myei^-s,  Packard,  D,  D.  Biggs, 
Boberts,  Rodriguez,  Steele,  Tiiibaut,  Van- 
dergriff  and  Waples — 33. 

Nays  :  Messrs.  Antoine,  Baker,  Belden, 
Blackburn,  Blandin,  Bonseigneur,  Brown, 
Burrel,  CromweU,  Cuney,  Demarest,  Des- 
londe  P.  G.,  Dupart,  Duplessis,  Francois, 
Gair,  Gardiner,  Gould,  Harper,  Hemp- 
stead, Hiestand,  Ingraham,  B.  H.  Isabelle, 
Jackson,  Jones,  Lange,  Leroy,  J,  B.  Lewis, 
R.  Lewis,  Marie,  Massicot,  Meadows,  Morris, 
Moses,  Murrel,  Newsham,  OKver,  Pierce, 
Pinchback,  Poindexter,  Pollard,  Reagan, 
Reese,  Riard,  Schwab,  Smith,  Snaer,  Scott, 
Snider,  Tinchant,  Twitchell,  Yalfroit, 
Wickliffe,  Williams  and  Wilson— 55. 

Mr.  Waples,  of  Orleans,  eaUed  for  a  di- 
vision of  the  question. 

The  chair  decided  that  the  question  upon 
the  adoption  of  the  report  was  not  suscepti- 
ble of  division. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
adjourn  till  to-morrow  at  12  o'clock.  Lost. 

The  previous  question  was  demanded  by 
a  majority  of  the  Convention  and  the  ayes 
and  nays  were  ordered. 

The  chair  stated  the  question  to  be  upcn 


JOURNAI.  OF  THE  CONSTITUTIONAL.  CONVENTION. 


59 


3  motion  of  !^Ir.  WickKffe  to  adopt  the 
)ort  of  tlie  committee. 

'3{Che  roll  was  ealled  and  the  motion  was 

^Dpted — ayes  50,  nays  32 — as  follows: 
\.Yes  :  Messrs.  Antoine,  Baker,  Belden, 
ickbnrn,  Blandin,  Bon'-eigneiir,  Burrel, 
omwell,  Dui^art,  Daplessis,  Francois, 
ir,  Gardiner,  I-Iari3er.  Hempstead,  Hies- 
id,   Ingraliaiii,  R.   H.    IsaLelle,  Jones. 

%ge,  Ler-iy.  J.  B.  Lewis,  Richard.  Lewis, 
trie,  MLissieot.  M'-^adovs-,-.  jIcLei-au, 
)rris,  M'jse-,  Ivlurrel,  X eAV>iia]ii.  Oiivt-r. 
3rce,  Pinchback.  Pomdexter.  Pollard, 
agan,    Reese,    Riard,    Sehvs-alT.  Smith. 

Saer,   Sjott,  Snider,  Tinch^mt.  Tv,-:L,di.dl. 

jt<Kroit,  Wicklihe,  WiUiam^  ;ind  \Yil>'jn — 


The  Convention  was  opened,  with  prayer 
by  the  Rev.  Josiah  Fisk. 

The  minutes  were  read  and  adopted. 

orictInal  REsoLrnoxs. 
By  M.  Roberts,  of  Jefferson  : 
Be  it  resolved  hu  tlie  people  of  Loin.^irr/ia  in 
Coiiceniion  assembled,  1.  That  no  tax.  unty 
or  import  shall  be  levied,  nor  .shall  any  ax3- 
propriation  of  money  be  maele  hx  the  j^eo- 
de  of  the  State  of  Louisiana  for  the  pur- 


pose 01  pa:-  ing  either 
anv  dtijt.  c(j]itraet. 


in  whole  or  in 
hal 


Ultv 


part 
whatsoever 
ineiirred.  made,  (jr  siThcrL'd  l^y  taiy  of  the 
for  the  i3urpose  of  aid- 


-^ays  :  Mes-^xs.  Barret,  Bertonneau,  Bon- 
loi,     Brown,    Bntler.    Cooley,  Crane. 
■iJ^awford,  Bearing.  Depasseaii.  P.  G.  Des- 
.de,  Douglass.  Diiparte.  Fuller,  Fergu- 


1,  Gould, 


omas 


s  Isabeile.  Iv.- 


rd.   Karris.  Harrison, 
LudfLiio'.  Lvneh. 

"  Packard. 


Mv, 


33Iillan,  Mu~!i:iw 

ggs,  Roari.o-Liez,  Steele.  Vander;:iTiti'  and 
ijDles — 3 

The  Convention  adjourned  till  to-morroAv 
11  o'clock  A.  :>i 
'^A  true  copT 

'tHL  tigers,  Secretary 

SIXTEENTH  DAY. 
'jWew  Oei-Eans,  Thur-day,  Dec.  12,  186' 

It  11  o'clock  the  Convention  met  pur^ 
-■^jt  to  adjournment, 
^"iPresident  Tahaferro  in  the  chair. 


The  roll  was  called  and 
leofates  answ-ered  to  their 


-s,  Messrs. 


the  following 
names: 

■erro.  Baker,  Barret,  Belden. 
rtonneau,    Blackburn,     Blandin.  Bon- 


-Slisfneur,  Boni 

■a, 
1 


.  Bro\^-n,  Burrel,  Btitler, 
>oley,  Crawford.  Cromwell,  Cuney,  Dear- 
^,  Demarest.  Depasseau,  Deslonde  P.  G. , 
mglass.  U.  Dupart,  Duplessis,  Francois, 
t;  lEer,  Ferguson,   Gair,   Gardiner,  Gould, 
Liichard,  Harper,  Harris,  Harrison,  Hem- 
>j3ad,  Hiestand,  Ingraham,  Isabeile  R.  H., 
iibelle   Thos. ,    Jones,     Kelso,  Landers, 
Jvnge,  Leroy,  Rich.^.rd  Lewis,  Ludehng, 
.  jrnch,  Marie,  Martin,  Massicot,  Meadows, 
oLeran,  Morris,  Moses.  Mitshaway,  Myers, 
3wsham,  Ohver,  Packard.  Pierce,  Pinch- 
/Ck,  Poindexter,  Pollard,  Reagan,  Reese, 
iard,  Riggs,  Roberts,  Rodriguez,  Schwab, 
nith,  Snaer,  Scott,  Snider,  Steele,  Thi- 
ut,    Tinchant,    Twitcheil,  Fnderwood, 
ilfroit.  Yandergriff,  Yidal.  Yv'aples,  Yhck- 


fe,  Williams,  Wilson 
it. 


83  members  pres- 


people  of  tnis  Stat 

nig  or  abetting  rebellion  against  the  Con- 
stitution and  laws  of  tlie  Uiiiied  States. 

2.  Xo  evidence  of  dcljt  l.a^ed  upon  the 
purchase  or  sale  of  slaves  made  or  con- 
tracted for  by  any  person  or  persons  in 
this  or  any  of  the  States  engaged  in  rebel- 
hon  again.^t  tne  Goverument  of  the  Fnited 
,  States  shall  be  entertained,  either  for  or 
!  against  this  State,  and  all  judgments  and 
decrees  of  any  of  the  coiu'ts  of  this  State 
shall  be  null  and  void. 

Referred  to  the  Committee  on  the  Legisla- 
tive Department. 

By  Mr.  Schwab,  of  Jefferson  : 
;     1.  RtS"1red,  That  all  notes  or  other  evi- 
\  deuces  of  debt,  of  whatsoever  nature  they 
may  be,  outstanding  and  unpaid,  given  for 
or  in  consideration  of  Confederate  money 
or  bonds,  contracted  withi7i  the  limits  of 
the  so-called  Confederat--  States,  where  cur- 
rency was  not  and  by  h.w  l.-.rijidden  to  be 
in  circulation,  are  declared  to  be  null  and 
void,  and  setting  aside  all  judgments,  seiz- 
ures, or  other  degrees  whatsoever  taken  in 
any  court  in  the  State  of  Louisiana,  and 
they  shall  be  stoj^ped  one  day  after  the 
,  passage  of  this  bill  in   this  Convention, 
excepting  contracts  for  furnishing  the  poor 
the  necessaries  of  life  during  the  time  of 
need  ;  for  such  debts  only  the  State  should 
,  be  held  hable  when  proven. 

2.  The  above  act  shall  be  in  full  force  ; 
also  in  reference  to  a  debt  for  slaves,  when- 

\  ever,  wherever,  or  of  wdiatsoever  nature  they 
i  were  bought,  whether  mortgages,  note^s,  or 
other  evidences  they  were  given  uj)on, 
:  should  be  also  null  and  void,  and  treated  as 
'  prescribed  above. 

3.  This  act  shall  have  no  effect  upon 
debts  or  property  or  notes  already  paid  or 

'  settled  for. 

,  4:.  The  Lesrislature  shall  pass  no  act  to 
reimburse  any  individual,  loyal  or  disloyal 
to  this  State  or  the  Fnited  States  Govern- 
ment, for  slaves  freed  by  the  Act  of  Eman- 

,  cipati(_  n. 


60 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Eef erred  to  the  Committee  on  Legislative 
Department. 

REPORTS  OF  STANDING  COMMITTEES. 

Committee  on  Legislative  Department — 
Progress. 

Committee  on  General  Provisions — No 
■pxogvess. 

Committee  on  Ordinance  and  Schedule — 
Progress. 

Committee  on  Enrollment — No  ^jrogress, 

PUBLIC  EDUCATION. 

Mr.  Lynch,  chairman,  submitted  a  mi- 
nority report  as  follows : 

The  undersigned,  a  minority  of  the  stand- 
ing Committe  on  Education,  respectfully 
ask  leave  to  submit  the  folio  wing  report : 

1.  The  General  Assembly  shall  by  suita- 
ble legislation  make  provision  for  the  educa- 
tion of  aU  the  youth  in  the  State  between 
the  ages  of  six  and  eighteen  ^^ears. 

2.  The  proceeds  of  all  lands  heretofore 
granted  by  the  United  States  for  the  use  and 
support  of  public  schools,  and  of  all  lands 
or  other  jDroperty  which  may  hereafter  be 
bequeathed  for  that  purpose,  and  of  all 
lands  which  may  be  granted  or  bequeathed 
to  the  State  and  not  granted  or  bevqueathed 
expressly  for  any  other  purpose  which  may 
hereafter  be  disposed  of  by  the  State,  and 
the  proceeds  of  all  estates  of  deceased  j3er- 
sons  to  which  the  State  may  be  entitled  by 
law,  shall  be  held  by  the  State  as  a  loan,  and 
shall  be  and  remain  a  perpetual  fund  on 
which  the  State  shall  pay  an  annual  inter- 
est of  six  per  cent.,  which  interest  Avith  the 
interest  of  the  trust  funds  deposited  with 
this  State  by  the  United  States,  under  act 
of  Congress  ai^proved  June  23,  1836,  and 
the  rents  of  unsold  lands,  shall  be  appro- 
priated to  the  support  of  such  schools, 
and  this  aj)propriation  shall  remain  invi- 
olable. 

3.  The  Legislature  may  establish,  and  by 
appropriate  legislation,  make  provision  for 
a  university  to  consist  of  six  faculties,  as 
follows:  one  of  law,  one  of  medicine,  one 
of  letters,  one  of  natural  science,  one  of  in- 
dustrial science,  and  one  on  the  theory  and 
practice  of  teaching. 

4.  All  monies  arising  from  sales  which 
have  been  made,  or  which  may  hereafter 
be  made,  of  any  lands  heretofore  granted 
by  the  United  States  to  this  .State  for  the 
use  of  a  specific  seminary  of  learning,  or 
from  any  kind  of  donation  Avhich  hereafter 
may  be  made  for  that  purpose,  sliall  be  and 
remain  a  perpetual  fund,  the  interest  of 
which,  at  six  per  cent,  per  annum,  shall  be 
appropriated  to  the  promotion  of  literature 
and  the  arts  and  sciences,  and  no  law  shall 
ever  be  made  diverting  said  fund  to  any 
other  purpose  or  use  than  to  the  establish- 


ment and  improvement  of  said  seminary 
learning.  The  Legislature  may  make  p: 
visions  for  the  organization  and  support 
said  seminary  in  such  miinner  as  it  tc 
deem  proper. 

5.  The  Governor  by  and  with  the  adv: 
I  and  consent  of  the  Senate  shall  appoini 

Superintendent  of  Public  Education,  w 
!  shall  hold  his  office  four  years.  His  dut 
sliall  be  described  by  law,  and  he  shall  : 
ceive  a  salary  of  five  thousand  dollars,  ue 
otherwise  j)rovided  by  lav/:  Provided,  Tl 
the  General  Assembly  shall  have  powi 
by  a  vote  of  two  thirds  of  the  memb( 
elected  to  each  House,  to  abolish  the  sa 
office  of  Superintendent  of  Public  Ed"C( 
tion  whenever,  in  their  opinion,  said  offi 
shall  be  no  longer  necessary. 

6.  The  exercises  of  the  public  schools 
the  State  shall  be  conducted  in  the  Sngii 
language. 

7.  No  appropriation  shall  be  made  by  t 
Ijegislature  for  the  support  of  any  priv£ 
school  or  institution  of  learning  whatevt 

8.  Institutions  for  the  support  and  educ 
tion  of  the  insane,  the  bhnd,  and  the  de 

'  and  dumb  shall  always  be  fostered  and  su 
ported  by  the  State,  and  be  subject  to  sui 
regulations  as  may  be  jDrescribed  by  law. 
John  Lynch, 
John  L.  Barret, 
G.  Snider, 
Peter  Harper. 
Mr.  Blandin,  of  Orleans,  submitted  tl 
following  report  of  the  majority: 

To  the  President  and  members  of  the  Coastitutior 
Convention : 

The  undersigned,  members  of  the  Coi 
mitte  on  Education,  have  the  honor  to  su 
mit  the  following  report: 

Article  1.  The  Legislature  shaU  establii 
free  public  schools  throughout  the  Sta 
and  shaU  provide  for  their  support  by  tax 
tion  or  otherwise.  All  children  of  tL 
State,  between  the  ages  of  six  (6)  ai 
eighteen  (18)  years,  shall  be  admitted  to  tl 
public  schools  in  common,  without  distin 
tion  of  race,  color,  or  previous  conditio: 
There  shall  be  no  separate  schools  esta 
hshed  for  any  exclusive  race  by  the  State 
Louisiana. 

Art.  2.  No  municii>al  corporation  shu 
make  any  rules  or  regulations  contrary 
the  spirit  and  intention  of  this  article. 

Art.  3.  There  shall  be  elected  by  tli 
people  of  this  State  a  Superintendent 
PubKc  Education,  who  shall  hold  his  offi( 
for  four  {4.)  years.  His  duties  shall  be  pr 
scribed,  and  his  salary  shall  be  four  thou 
and  dollars  per  year,  payable  quarterly. 

Art.  4.  The  Superintendent  of  Publ 
Education  shall  have  the  supervision  an 
the  general  control  of  all  public  schoo 
throughcut  the  State. 


BOB' 


id; 
ove: 


aiit 


i!it:: 


JOUKNAL  OF  THE  COXSTITUTIONAL  CONYEXTION. 


61 


lKT.  5.  The  general  exercises  in  the  pub- !  legal,  medical,  military,  or  individual,  au- 


thorized by  the  Legislature,  and  under  the 
control  of  this  State,  shall  be  open  in  com- 
mon to  all  classes  of  students,  y,ithout  dis- 
of  race,  color,  or  previous  condi- 


schools  shall  be  conduct-ed  in  the  Eug- 
L  language. 

^T.  6.  The  proceeds  of  the  lands  hereto 
3,and  that  which  mi^iy  hereafter  be  gi-anted  |  tinction 
the  United  States  to  this  State  for  the  use  j  tion. 
Durpose  of  the  public  schools  of  the  Stute, 
I  the  jDroceeds  of  ihe  estates  of  deceased 
sons  to  which  the  State  may  become  en- 

ed  by  law,  shall  be  and  remain  a  perpet- !  teachers,  without  distinction  of  race 
fund  on  which  the  State  shall  pay  an  an-  j  or  previous  condition, 
il  interest  of  (6)  six  per  cent.,  which  in- 
est  together  ^\ith  the  interest   of  the 
.st  fund  dex^osited  with  the  Stat-e  by  the 


AuT.  11.  The  Legislature  shall  i3ro\ide 
for  the  estabhshment  of  a  State  normal 
school  for  the  professional   education  of 

color. 


ited  States  under  the  act  of  Congress  ap- :  ported 
)yed  June  23,  1833,  and  all  the  rents  of 
unsold  lands,  shad  be  appropriated  to 
support'  of  such  schools,  and  this  ap- 
jpriation  shall  remain  inyiolable. 
Irt.  7.  All  monies  accruing  from  the 
es  which  have  been  or  may  be  hereafter 
tde  of  any  lands  heretofore  granted  by 
L'nited  Sta-tes  to  this  State  for  the  use 
any  institution  of  learning  whatever,  or 
m  any  kind  of  donation  for  the  purpose 
establishing  school,  or  schools,  or  any 
ititution  of  learning  whatever,  shall  be 
d  remain  a  perpetual  fund,  the  interest 
which,  at  six  (6j  per  cent,  per  annum, 
all  be  appropriated  to  the  exclusive  ben- 
t  of  the  said  school  or  schools  or  institu- 
>n  of  learning;  and  no  law  shall  be  made 
verting  s.aid  funds  to  any  other  use  than 
the  establishment  and  benefit  of  said  in- 
tution  of  learning.  The  Legislature  shall 
ve  power  to  raise  funds  for  the  organiza- 
)n  and  su|3port  of  said  institution  in  such 
anner  as  it  may  deem  be.st. 
Art.  8.  No  appropriation  shall  be  made 
the  Legislature  for  the  suj^port  of  anv 
ivate  school  or  any  private  institution  of 
arning  whatever. 

Arx.  9.  A  universitj  sh-ill  be  established 
id  maintained  in  the  city  of  New  Orleans, 
shall  be  compo8e<i  of  five  faculties,  to 
1  it  :  one  of  law,  one  of  medicine,  one  of 
itiiral  sciences,  one  of  letters  and  one  of 
-dustrial  science.  The  Legislature  shall 
."o^ide  by  law  for  its  organization  and 


xArt.  — .  Institutions  for  the  support  and 
education  of  the  ilisane,  bhnd,  deaf  and 
dumb  shall  always  be   fostered  and  sup- 


.aintenance  :  Provided,  That  all  depart- 
.ents  of  this  institution  of  learning  shall 
3  open  in  common  to  all  students  capable 
:  matriculating,  without  distinction  of 
tee,  color  or  previoiLs  condition.  No  rules 
:  regulations  shall  be  made  by  the  trus- 
les,  faculties,  or  other  officers  of  said  in- 
itution  of  learning,  nor  shall  any  laws  be 
lade  by  the  Legislature  \dolating  the  letter 
r  spirit  of  this  article,  under  penalty  of 
le  anulling  of  the  charter  of  said  institu- 
on. 

_Aet.  10.  All  colleges,  seminaries,  acade- 
des,  schools  and  institutions  of  learnino: 


ilit  State,  and  be  subjected  to 
such  regulaiions  as  may  be  presented  by 
the  General  Assembly. 

O".  C.  Blaxcix, 
H.  Bo>:sEiGXErE, 
P.  G.  Desloxde, 
A.  J.  Demarest, 
Wzlle^lM  Butler, 
D,  Douglass, 
Dennis  Burrel. 
On  motion  of  Mr.  Crawford,  of  Caldwell, 
200  copies  of  both  reports  were  ordered  to 
be  printed. 

Committee  on  Draft  of  the  Constitution — 
No  progress. 

The  select  eommitte-e  which  was  appoint- 
ed to  wait  upon  General  Hancock  to  tender 
to  him  the  in^dtation  of  the  Convention 
reported  through  ]>Ir.  Yandergriff,  chair- 
man, that  they  have  performed  the  duty 
assigned  to  them,  and  submitted  the  follow- 
ing communication  from  General  Hancock : 
Headq'rs,  Eefth  Military  District,  ] 
De<?ember  8,  1867.  f 

Hon.  J.  G.  Taliaferro.  Preaideiit  Constitutional  Cou- 
T«ntion: 

Sir — I  have  the  honor  to  a<?knowledge 
tha  rec-eipt  of  your  letter  transmitting  the 
resolution  of  the  Convention  of  which  you 
are  Pr^ident,  adopted  on  the  6th  instant, 
inviting  myself  and  staff  to  visit  you,  and 
beg  to  thank  that  body  for  this  courtesy. 
Yery  respe<;tfully, 

Your  obedient  servant, 
WiNFiEKD  S.  Hancock, 
Major  General  United  States  Army. 
Mr.  Smith  moved  that  the  letter  be  re- 
:  ceived  and  spread  upon  the  minut-es. 
Carried. 

j  UNFINISHED  BUSINESS. 

!    By  Mr.  Reagan,  of  East  Baton  Rouge: 
j     Resolved,  That  the  Sergeant-at-Arms  is 
j  hereby  authorized  to  furnish  any  necessary 
i  article  called  for  by  the  chairman  of  any 
;  committee  or  other  members  of  this  Con- 


i  wiiat  iiatiu'e  soeyer,  "whether  literary,  1  Yention, 


62 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


On  motion  of  Mr.  Wickliffe  it  was  laid 
on  the  table. 

Bj  Mr.  Cromwell,  of  Orleans: 

Resolved,  That  the  State  of  Louisiana 
shall  never  assume  or  pay  any  debt  or  obli- 
gation contracted  or  incurred  in  aid  of  the 
rebellion.  Nor  shall  this  State  ever  in  any 
manner  claim  from  the  United  States  or 
make  any  allowance  or  compensation  for 
slaves  emancipated  or  liberated  in  any  way 
whatever. 

On  motion  of  Mr.  Ludeling,  of  Ouachita, 
it  was  referred  to  Committee  on  General 
Provisions. 

By  Mr.  Belden,  of  Orleans: 

Resolved,  That  the  j^er  diem  of  the  Pres- 
ident of  this  Convention  shall  be  double 
that  of  the  other  members  thereof. 

The  President,  Mr.  Taliaferro,  requested 
the  Convention  not  to  pass  the  resolution, 
and  stated  that  he  did  not  desire  more  pay 
than  the  other  members. 

Mr.  Belden,  of  Orleans,  stated  that  it 
was  nothing  more  than  the  usual  practice 
in  all  legislative  bodies  to  make  this  com- 
plimentary distinction  between  the  Presi- 
dent and  the  other  members. 

Mr.  Wickliffe,  of  Orleans,  moved  to 
adopt  it. 

And  the  resolution  was  adopted  unan- 
imously. 

Mr.  Jones,  of  Orleans,  called  up  the  fol- 
lowing ordinance  of  Mr.  Blackburn  which 
had  been  recommended  to  the  Convention 
in  the  report  of  the  special  committee 
adopted  yesterday. 

An  Oedinance  to  provide  means  to  defray 
the  expenses  of  the  Constitutional  Con- 
vention of  the  State  of  Louisiana,  by  the 
issue  of  bonds  of  the  State  for  three 
hundred  thousand  dollars,  ($300,000) 
bearing  interest  of  eight  per  cent,  per  an- 
num, and  to  provide  for  the  redemption 
of  said  bonds  : 

Section  1.  We,  the  people  of  the  State 
of  Louisiana,  in  Convention  assembled,  in 
accordance  with  the  act  of  the  Congress  of 
the  United  States  of  America,  passed  March 
the  23d,  1867,  do  declare  and  ordain,  and 
it  is  hereby  declared  and  ordained,  that  the 
president  of  the  Convention  be  and  he  is 
hereby  authorized  and  directed  to  issue 
bonds  of  this  State  to  be  signed  by  him  and 
countersigned  by  the  chairman  of  the 
Committee  on  Contingent  Expenses,  and  to 
be  sealed  with  the  seal  of  the  State,  to  the 
amount  of  three  hundred  thousand  dpJlars, 


payable  in  two  years  from  date  of  issi  i 
with  interest  at  the  rate  of  eight  per  ce  i 
per  annum  to  be  paid  with  the  principal! 
the  maturity  of  said  bonds  ;  and  for  i, 
payment  of  these  bonds  and  interest  1 
faith  of  the  state  of  Louisiana  to  be  and 
hereby  unconditionally  pledged  to  1 
holders  thereof. 

Sec.  2.  Be  it  furtlier  declared  and  ordain 
That  for  the  payment  of  said  bonds  and 
terest  the  sum  of  one  hundred  and  sevei 
thousand  dollars  (170,000)  shall  be  annua 
set  apart  as  a  special  fund  by  the  St 
Treasurer,  from  the  first  monies  recei^.j 
in  the  State  treasury,  beginning  with  fi 
day  of  January,  Anno  Domini,  eightq 
hundred  and  sixty-eight,  and  continui 
until  the  final  extinction  by  payment  of  ss 
bonds  and  interest. 

Sec.  3.  Reit  fur  titer  declared  and  or  dain\ 
That  in  order  to  provide  for  the  exti' 
tion  of  said  bonds  s^nd  interest,  the  r 
ditor  of  the  State  is  hereby  directed  to  (j 
termine  what  rate  of  additional  taxatij 
on  the  total  assessed  value  of  all  the  t 
able  movable  and  immovable  property! 
the  State  is  necessary  for  the  payment 
said  bonds  and  interest;  and  v/hen  asc 
tained,  it  shall  be  his  duty,  and  he  is  here 
directed  to  notify  the  sheriffs  and  tax  c 
lectors  of  the  State,  the  rate  of  the  additio] 
taxation  as  ascertained,  and  which  ad! 
tional  tax  is  hereby  fixed  and  declared  If 
ful;  and  shall  be  levied  upon  all  the  taxa' 
movable  and  immovable  property  of  t 
State,  that  may  have  been  assessed;  and 
shall  be  the  duty  of  the  sheriffs  and  \ 
collectors,  and  who  are  hereby  directed 
collect  said  tax,  and  the  collection  of  i  I 
same  shall  be  enforced  as  the  law  provic  5 
or  may  hereafter  provide  for  the  collecti!  ;^ 
of  taxes.  f 

Sec.  4.  Be  it  further  declared  and  ordaim  I 
That  said  bonds  shall  be  in  amounts  j 
twenty-five,  fifty,  one  hundred,  five  hi  I 
dred,  and  thousand  dollars  with  interest 
eight  per  cent,  per  annum;  they  shall  be:  i 
ceivable  any  date  after  issue,  with  inter- 1  [ 
calculated  and  allowed  up  to  date  of  :  ,] 
ceipt,  by  the  sheriffs,  tax  collectors,  a  [ 
State  Treasurer  for  all  State  taxes  or  otl  la 
public  dues,  as  well  as  for  the  sale  of  pii  \ 
lie  lands.  \ 

Sec.  5.  Be  it  further  declared  and  or  dairn 
That  the  sum  of  six  thousand  dollars 
and  the  same  is  hereby  appropriated  frc  ^' 
the  proceeds  of  the  sale  of  said  bonds, 
pay  the   expenses   of    hthographing  a:  i 
printing  said  bonds. 

Sec.  6.  Be  it  further  declared  and  ordaim 
That  the  chairman  of  the  Commiti 
on  Contingent  Expenses  be  authorized  a 
he  is  hereby  empowered  to  appoint  a  p^ 
son,   who  shaU  have  said  bonds  htl  n 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


63 


:raphed  and  printed,  and  negotiate  the; 
ame  on  terms  the  most  favorable  to  be  ob- 1 
ained,  \ 

Sec,  7.  Be  it  further  declared  and  ordained, 
?hat  the  proceeds    of  the   sale   of  said 
•onds  shah  be  deposited  in  the  State  treas- 
ly,  and  so  much  as  may  be  required  to 
.efray  the  expenses  of  this  Convention  shall  i 
13  warranted  upon  the  President  of  this  , 
Convention    and    countersigned  by  the  j 
hairman  of  the  Committee  on  Contingent  | 
Expenses,  and  the  State  Treasurer  shall  pay  ; 
lie  same;  and  the  balance  of  the  money  so  : 
sed  shall  be  by  the  State  Treasurer  x^laced  | 
3  the  credit  of  the  general  fund  and  re- ! 
erved  until  the  meeting  of  the  General  As-  \ 

nibly  elected  under  the  provisions  of  the 
Jonstitution  of  this  Convention,  to  be  used 
s  they  may  direct. 

Mr.  Jones,  of  Orleans,  moved  to  adopt 
le  ordinance  and  demanded  the  i>revious 
uestion  thereuxDon  which  was  ordered  by  a 
lajority  of  the  Convention. 

The  ayes  and  nays  were  called  for  and  | 
3Conded  by  one  fifth  of  the  members 
resent,  and  the  Secretary  proceeded  to  call 
he  roll. 

And  the  ordinance  was  adopted — ayes  55, 
[lays  32 — as  follows  : 

Yeas  :  Baker,  Belden ,  Blackburn,  Blan- 
in,  Bonseigneur,  Brown,    Burrel,  Crom- 
reU,  Cuney,  Demarest,  P.  G.  Deslonde, 
)onato,  Dupart,  Duplessis,  Esnard,  Fran- 
tjois,  Gair,  Gardiner,  Harper,  Hampstead, 
liestand,  Ingraham,  E.  H.  Isabelle,  Jones, 
tjange,   Leroy,   J.  B.    Lewis,  E.  Levvis, 
(i-Iarie,  Massicot,  Meadows,  McLeran,  Mor- 
is,   Mose^,    Mnrrel,     Newsham,  Oliver, 
^ierce,  Pinchback,    Poindexter,  Pollard, 
leagan,    Eeese,    Kiard,    Schwab,  Smith, 
inaer,  Scott,  Snider,  Tmchant,  T^vitcheU, 
/"alfroit,  Wickiiffe,  Williams,  Yvilson— 55. 

Nays:   Barret,    Bertonneau,  Bonnefoi, 
1' Butler,  Cooley,  Crane,  Crawford,  Depasseau, 
Oouglass,  Duparte,  Ferguson,  Gould,  Gui- 
r|hard,  Harris,  Harrison,  T.  Isabelle,  Kelso- 
lianders,  Ludeling,  Lynch,  Martin,  McMil, 
an,   Mashaway,    Myers,  Packard,  Eiggs, 
lloberts,  Eodriguez,  Thibaut,  Underwood, 
iT'andergriff,  Waples — 32. 

Mr.  CromweU,  of  Orleans,  moved  to  re- 
jonsider. 

Mr.  Smith,  of  Orleans,  moved  to  lay  the 
iijnotion  to  reconsider  on  the  table.  Adopted. 
By  Mr.  Tinchant,  of  Orleans: 

"Whereas,  By  the  acts   of  the  United 
states  Congress,  known  as  Mihtary  Eecon- 
Jtruction  acts,  and  by  the  acts  supplement- 
[jiry  thereto,  this  Convention  is  empowered 


not  only  to  make  a  Constitution,  but  to  found 
a  civil  government;  therefore,  be  it 

Resolved,  That  this  Convention  shall  im- 
mediately take  promi^t  measures  to  form  a 
civil  government  loyal  to  the  United  States, 
and  so  enacted  as  to  have  it  thoroughly 
organized  throughout  the  State  previous  to 
submitting  the  Constitution  to  the  people 
for  ratification. 

Which  lies  over,  and  200  copies  were  or- 
dered to  be  iDiinted. 

By  Mr.  Smith,  of  Orleans  : 

Whheeas,  This  Conventien  has  now 
been  in  session  sixteen  days,  and  made  little 
or  no  progTess  toward  the  framing  of  a 
Constitution  ;  therefore,  be  it 

Besoived,  That  the  Constitution  of  1864: 
be  so  amended  as  to  secure  the  equal  rights 
and  privileges  of  all  citizens,  without  re- 
gard to  race,  color,  or  previous  condition, 
and  that  said  Constitution  so  amended 
be  accex^ted  as  .the  Constitution  of  the 
State  of  Louisiana  by  the  Convention  of 
1867. 

Resolved  farther,  That  on  the  adoption  of 
said  Constitution,  this  Convention  shall  ad- 
journ subject  only  to  the  authority  of 
Congress. 

Lies  over. 

By  Mr.  Twitcliell,  of  BiemuUe: 

Whereas,  It  has  repeatedly  come  to  the 
ears  of  members  of  this  Convention  that 
portions  of  the  i)ubliG  printing  were  being 
performed  by  presses  of  knovvn  antagonism 
to  reconstruction,  thereby  defeating  the 
intent  of  this  Convention,  to  patronize 
only  the  loyal  x)ress;  therefore,  be  it 

Resolved,  That  the  Committee  on  Printing 
be  and  are  hereby  instructed  to  investigate 
the  truth  or  falsity  of  these  rumors,  and  re- 
port to  this  Convention  at  an  early  day. 

Eeferred  to  Committee  on  Printing. 

j}.Ii\  Wickliffe,  of  Orleans,  called  uj)  the 
following  resolution : 

Whereas,  It  has  been  charged  by  the 
enemies  of  the  colored  race  in  the  State  of 
Louisiana  that  it  is  the  design  of  the  col- 
ored race  to  g'-t  control  of  this  State,  and 
destroy  the  white  race  therein,  and  Afric- 
anize the  S  ate;  and 

Whereas,  It  is  boldly  asserted  by  the 
enemies  of  the  colored  ra<}e  that  they  are 
leagued  together  by  secret  organizations, 
and  are  armed  and  equipped  for  the  pur- 
pose of  carrying  out  this  terrible  i^lan;  and 

Whereas,  Petitions  are  now  being  circu- 
lated in  this  State  for  the  purpose  of  re- 
ceiving subscriptions  of  names  of  promi- 
nent citizens  to  these  x)etitions  in  order  that 
they  may  be  forwarded  to  the  President  of 
the  United  States,  to  induce  him  to  take 


64 


JOURNAX.  OF  THE  CONSTITUTIONAL  CONVENTION. 


action  so  as  to  prevent  this  pretended  out- 
rage; and 

"Whebeas,  This  \yhole  effort  is  but  a  plot 
to  justify  the  President  in  attempting  the 
accomplishment  of  such  measures  as  will 
inevitably  lead  to  a  disruption  of  this  gov- 
ernment, and  thus  inaugurate  a  second, 
and  as  these  vile  schemers  hojje,  successful 
rebelHon  against  the  government  of  the 
United  States;  and 

Whereas,  If  this  dangerous  scheme  be 
perfected,  it  will  result  not  only  in  the 
ultimate  destruction  of  this  Government, 
but  in  the  reduction  of  this  newly  enfran- 
chised race  again  to  the  chains  of  slavery, 
with  all  its  concomitants,  injustice,  oppres- 
sion, and  horrors  ;  therefore, 

Resolved,  That  the  members  of  this  Con- 
vention, as  the  legal  representatives  of  this 
long  abused  and  outrageously  slandered 
Ijeople,  do  solemnly  enter  our  protest 
against  this  vile  slander  on  the  great  body 
of  our  constituents;  and  being  fresh  from 
these  people,  and  thoroughly  conversant 
with  their  wishes,  desires  and  intentions, 
solemnly  and  earnestly  deny  the  truth  of 
all  such  charges,  and  declare  to  the  world 
that  there  is  not  one  word  of  truth  in  them. 

Resolved,  That  as  loyal  citizens  of  the 
United  States,  we  denounce  the  action  of 
these  political  schemers  against  the  Govern- 
ment of  the  United  States,  and  against  the 
rights  of  man,  and  warn  the  President,  Con- 
gress and  the  people  of  the  United  States 
of  the  foul  i^lot  and  dangerous  scheme  of 
these  men. 

Resolved,  That  we  denounce  all  men  who 
give  credence  to  this  unfounded  slander  and 
assist  in  circulating  the  same. 

Resolved,  That  we  earnestly  petition  Con 
gre^s  to  ai^point  a  committee  to  investigate 
aU  such   charges,  and  thus   disabuse  the 
minds  of  the  friends  of  the  long  and  still 
abused  race  throughout  the  Union. 

Resolved,  That  the  Secretary  be  required 
to  furnish  a  c-opy  of  these  resolutions,  and 
mail  the  same  immediately  to  the  President, 
the  Speaker  of  the  House  of  Representa- 
tives, and  the  President  of  the  Senate. 

Which,  after  some  discussion,  was  recom- 
mitted to  the  mover  at  his  request. 

On  motion  of  Mr.  Pinchback,  of  Orleans, 
the  report  of  the  Committee  on  Militia  was 
sent  back  to  the  Official  Printer  for  cor- 
rection of  several  material  errors  therein. 

By  Mr.  Smith,  of  Orleans: 

Whekeas,  There  has  been  no  committee 
api^ointed  to  investigate  the  city  charter  of 
New  Orleans:  and 

Whereas,  The  Legislature  of  1867,  by 
its  enactments  passed  laws  depriving  loyal 
ijitizeiis  of  rights  clearly  enjoyed  under  the 


I 


Constitution  of  the  United  States;  theri 
fore,  be  it 

Resolved,  That  a  committee  of  nine  be| 
appointed  by  the  chair,  to  be  known  as  a 
Committee  on  City  Charter,  whose  duty  it 
shall  be  to  examine  said  charter  and  report 
to  the  Convention  the  changes  deemed  ne- 
cessary to  secure  the  equal  rights  of  all 
citizens  of  said  city,  without  regard  to  race, 
color,  or  previous  condition.  -  j 
Lies  over.  | 
On  motion  to  allow  the  several  com-^ 
mittees  time  to  complete  their  reports  the' 
Convention  adjourned  tiU  Monday  next  at 

lOyi  o'clock  A.  M.  j 

A  true  copy  :  1 
WM.  YIGERS,  Secretary.  ^ 

SEVENTEENTH  DAY. 

New  Orleans,  Monday,  Dec.  16,  1867. 

At  10><  o'clock  A.  M.  the  Convention  was 
called  to  order. 

President  Taliaferro  rn.  the  chair. 

The  roll  was  called  and  the  following 
delegates  answered  to  their  names: 

Messrs.  Taliaferro,  Barret,  Bonseigneur, 
Bertonneau,  Blandin,  Bonnefoi,  Brovm 
Butler,  Cooley,  Cravf ford,  CromweU,  Cuney, 
Dearing,  Demai-est,  Depasseau,  Donato 
DujDarc,  Duplessis,  Edwards,  Francois 
Gair,  Gardiner,  Gould,  Guichard,  Harper 
Harrison,  Hempstead,  Hiestand,  Kelso 
Landers,  Lange,  Leroy,  Lewis  J.  B.,  Lewi; 
Richard,  Ludeling,  Marie,  Martin,  Mas 
sicot.  Meadows,  McLeran,  Morris,  Moses 
Murrel,  Mushaway,  Myers,  Newsham 
Oliver,  Packard,  Pierce,  Poindexter,  Pol 
lard,  Reese,  Riard,  Schwab,  Snaer,  Scott 
Snider,  Steele,  Thibaut,  'ilnchant,  Twit 
chell,  Waples,  Wickhffe,  Williams,  Wil 
son— 66  members  present. 

Prayer  by  Rev.  Josiah  Fisk. 

The  Journal  of  the  preceding  day  wa 
read  and  adopted. 

REPORTS  OF  STANDING  COMMITTEES, 

The  Committee  on  Legislative  depart 
ment,  Mr.  Barret,  of  Union,  chairman,  sub 
mitted  the  following  report: 

REPORT   OF    THE  COMMITTEE  ON  THE  LEGIS 
LATIVE. 

The  Committee  on  the  Legislative  bej 
leave  to  report  as  follows: 

LEGISLATIVE  DEPARTMENT. 

Article  1.  The  Legislative  power  of  tli 
State  shall  be  vested  in  two  distinc 
branches.  The  one  to  be  styled  "tli 
House  of  Rep  regeiitatiYes/'  the  other  "th 


JOUENAL  OF  THE  C CONSTITUTIONAL  CONVENTION. 


65 


Senate,"  and  both,  "the  General  Assembly 
of  the  State  of  Louisiana." 

Art.  2.  The  members  of  the  House  of 
Representatives  shall  continue  in  service  j 
for  two  years  from  the  day  of  the  closing  of 
the  general  elections. 

Aet.  3.  Representatives  shall  be  chosen 
on  the  first  Monday  in  November  every  two 
years,  and  the  election  shall  be  comi^leted 
in  one  day.  The  General  Assembly  shah 
meet  generally  on  the  first  Monday  in  J an- 
uary,  unless  a  different  day  be  appointed 
by  law,  and  their  sessions  shall  be  held  at 
the  seat  of  government. 

Art.  4.  Every  elector,  under  this  Consti- 
tution shall  be  eligible  to  a  seat  in  the  House 
of  Representatives;  and  every  elector  who 
has  reached  the  age  of  twenty-eight  years, 
shall  be  ehgible  to  the  Senate:  Provided, 
That  no  person  shall  be  a  Representative  or 
Senator,  unless  at  the  time  of  his  election, 
he  be  a  qualified  elector  of  the  representa- 
tive or  senatorial  district  from  which  he  is 
elected. 

Aet.  5.  Elections  for  members  of  the 
General  Assembly  shall  be  held  at  the 
several  election  precincts  established  by 
law. 

Art.  6.  Representation  in  the  House 
of  Representatives  shall  be  equal  and  uni- 
form, and  shaU  be  ascertained  and  regu- 
lated by  the  number  of  qualified  electors; 
each  iDarish  in  the  State  being  entitled  to 
at  least  one  representative.  An  enumera- 
tion of  the  qualified  electors  of  this  State, 
by  the  State  authorities,  shall  be  made  in 
1868,  a  second  in  1875  ;  and  an  enumera- 
tion shall  be  made  regularly  every  ten 
years  thereafter,  for  the  pm-pose  of  ascer- 
taining the  total  population,  as  well  as  the 
number  of  qualified  electors  in  each  parish 
and  election  district ;  and  in  case  of  in- 
formality, omission  or  error,  in  the  census 
returns  from  any  district,  the  Legislature 
shall  order  a  new  census  taken  in  such 
parish  or  election  district. 

Aet.  7.  At  the  first  session  of  the  Legis- 
lature, after  the  making  of  each  enumera- 
tion, the  Legislature  shall  apportion  the 
representation  amongst  the  several  parishes 
and  election  districts,  on  the  basis  of  quali- 
fied electors  as  aforesaid.  A  representative 
number  shall  be  fixed  and  each  parish  and 
election  district  shall  have  as  many  repre- 
sentatives as  the  aggregate  number  of  its 
electors  will  entitle  it  to  have,  and  an  addi- 
tional representative  for  any  fraction  ex- 
ceeding one  half  of  the  rejDresentative  num- 
ber. The  number  of  representatives  shaU. 
never  exceed  one  hundred  and  twenty,  nor 
less  than  ninety. 

Art.  8.  Until  an  apportionment  shall  be 
made,  and  elections  held  under  the  same, 
in  accordance  mth  the  first  enumeration  to 
6 


be  made  as  directed  in  Art.  No.  6,  the 
rei^resentation  in  the  Senate  and  House  df 
IDresentatives  shall  be  as  follows:  For  th© 
parish  of  Orleans,  and  to  be  elected  as  follows: 


First  Representative  District  2 

Second         "  "   2 

Third  "   .,,..4 

Fourth         "  "   .1 

Fifth  "  "   .2 

Sixth  "  "   1 

Seventh        "  "   2 

Eighth         "  "   ,1 

Ninth  "  "   ...1 

Tenth  ^        "  "   ....3 

Orleans,  right  bank  i 

Ascension  2 

Assumption  2 

Avoyelles  2 

Baton  Rouge,  East  

Baton  Rouge,  West  1 

Bienville  ...1 

Bossier  ,  2 

Caddo  .3 

Calcasieu.  .1 

CaldweH  1 

CarroU  2 

Catahoula  1 

Claiborne  2 

Concordia  2 

DeSoto  2 

FeHciana,  East  2 

Feliciana,  "West  ,1 

Franklin  1 

Iber\411e  2 

Jackson  1 

Jefferson  .4 

Lafayette  1 

Lafourche  2 

Livingston  1 

Madison  1 

Morehouse  1 

Natchitoches  2 

Ouachita  % 

Flaquemine  1 

Point  Coupee  2 

Rapides  Z 

Sabine  1 

St.  Bernard   .1 

St.  Charles  1 

St.  Helena  1 

St  James  2 

St.  John  Baptist  1 

St.  Landry  .4: 

St.  Martin's   .2 

St.  Mary's  2 

St.  Tammany  .1 

Tensas  2 

Terrebonne  .2 

Union   1 

YermilHon  .1 

Washington  1 

Winn  I 

Total  9S 


JOUKNAL  or  THE  CONSTITUTIONAL  GONYENTION. 


(66 

And  the  State  shall  be  divided  into  the 
following  senatorial  districts,  to -wit: 

The  First,  Second  and  Third  Eepresen- 
Ifsiiive  Districts  of  New  Orleans  shall  form 
oiae  senatorial  district  and  elect  three  Bcn- 

'The  Fourth,  Fifth  and  Sixth  Eepresenta- 
ihre  Districts  of  New  Orleans  shall  form  one 
district  and  elect  two  Senators, 

The  Seventh,  Eighth  and  Ninth  Eepre- 
gentative  Districts  of  New  Orleans  and  the 
parish  of  St.  Bernard  shall  form  one  district 
rmd  elect  two  Senators. 

The  Tenth  Representative  District  of 
Z'ye^v  Orleans  shall  form  a  district  and  elect 
oae  Senator. 

Orleans,  right  bant,  and  the  ];)arisli  of 
3?Ixiqnemine  shall  form  one  district  and  elect 
■one  Senator. 

The  parishes  of  Jefferson,  St.  Charles 
^sd  St.  John  Bax^tist,  shall  form  one  district 
a,iid  elect  two  Senators. 

The  parishes  of  Ascension  and  St.  James 
:sliall  form  one  district  and  elect  one  Sena- 

The  jDarishes  of  Assumi^tion,  Lafourche 
ftnd  Terrebonne,  shall  form  one  district  and 
elect  tv/o  Senators. 

The  parishes  of  Vermillion  and  St.  Mary 
shuU  form  one  district  and  elect  one  Sena- 
-tor. 

The  j^arishes  of  Calcasieu,  Lafayette  and 
'St.  Landry,  shall  form  one  district  and  elect 
irs'o  Senators. 

The  parishes  of  Livingston,  St.  He- 
lena, Washington  and  St.  Tammany  shall 
foOL-m  one  district  and  shall  elect  one  Sen- 
ator. 

The  parishes  of  Point  Coupee,  East  Fe- 
liciana and  West  Feliciana  shall  form  one 
■district  and  elect  two  Senators. 

The  parish  of  East  Baton  Rouge  shall 
lorm  one  district  and  elect  one  Senator. 

The  parishes  of  West  Baton  Eouge,  Iber- 
-vi^tle  and  St.  Martin  shall  form  one  dis- 
Izict  and  elect  two  Senators. 

The  parishes  of  Concordia  and  Avoyelles 
Fliall  form  one  district  and  elect  one  Sen- 
:&tDr. 

The  parishes  of  Tensas  and  Franklin 
sliall  form  one  district  and  elect  one  Sen- 
ator, 

The  parishes  of  Carroll,  Madison  and 
Morehouse  shall  form  one  district  and  elect 
^wo  Senators. 

The  parishes  of  Ouachita  and  Caldwell 
sliali  form  one  district  and  elect  one  Sena- 

The  parishes  of  Jackson  and  Union  shall  ; 
form  one  district  and  elect  one  Senator. 

The  parishes  of  Bossier,  Bienville  and  ' 
CHaiborne  shall  form  one  district  and  elect 
two  Senators.  I ' 


!     The  parish  of  Caddo  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  DeSoto,  Natchitoches 
.  and  Sabine  shall  form  one  district  and  elect 

•  two  Senators. 
The  parish  of  Eapides  shall  form  one  dis- 

•  trict  and  elect  one  Senator. 
;      The  parishes  of  Catahoula   and  Winn 

shall  form  one  district  and  elect  one  Sen- 
.  ator. 

!      Thirty-six  Senators  in  all. 
;     Aet.  9.    The  House  of  Representatives 
shall  choose  its  Speaker  and  other  officers. 
Aet.  10.    Electors,  in  all  cases,  except 
,  treason,  felony  or  breach  of  the  peace,  shall 
be  privileged  from  arrest  during  their  at- 
tendance on,  going  to,  and  returning  from 
,  elections. 

Aet.  11.  At  its  first  session  under  this 
Constitution,  the  Legislature  shall  provide 
by  law  that  the  names  and  residence  of  all 
qualified  electors  shall  be  registered  in 
ord  er  to  entitle  them  to  vote  ;  but  the  re- 
gistry shall  be  free  of  cost  to  the  elector. 

Aet.  12.  No  person  shall  be  entitled  to 
vote  at  any  election  held  in  this  State,  ex- 
cept in  the  parish  of  his  residence  and  at 
the  election  x^recinct  in  which  he  is  re- 
gistered. 

Aet.  13.  The  members  of  the  Senate 
shall  be  elected  for  the  term  of  four  years, 
and  when  assembled  the  Senate  shall  have 
power  to  choose  its  own  officers. 

Aet.  14.  During  every  year  in  which  they 
apportion  rej)resentation  in  the  House  of 
Eex3resentatives,  the  Legislature  shall  divide 
the  State  into  Senatorial  Districts. 

Aet.  15.  No  parish  shall  be  divided  in 
the  formation  of  a  senatorial  district,  the 
parish  of  Orleans  excepted;  and  whenever 
a  nevf  parish  be  (is)  created,,  it  shall  be  at- 
tached to  the  senatorial  district  from  which 
most  of  its  territory/  is  taken,  or  to  another 
contiguous  district,  at  the  discretion  of  the 
Legislature,  but  shall  not  be  attached  to 
more  than  one  district.  The  number  of 
Senators  shall  be  thirty-six;  and  they  shall 
be  apportioned  among  the  senatorial  dis- 
tricts according  to  the  electoral  poiDulatiou 
of  said  districts. 

Aet.  16.  In  all  apportionments  of  the 
Senate,  the  electoral  }:)opulation  of  the  whole 
State  shall  be  divided  by  the  number  thirty- 
six,  and  the  result  produced  by  this  division 
shall  be  the  senatorial  ratio  entitling  a  sen- 
atorial district  to  a  Senator. 

Single  or  contiguous  jDarishes  shall  be 
formed  into  districts  having  a  population 
the  nearest  j^ossible  to  the  number  entitling 
a  district  to  a  Senator;  and  if  the  apportion- 
ment to  make  a  parish  or  district  fall  short 
of  or  exceed  the  ratio,  then  a  district  may 
be  formed  having  not  more  than  two  Sena- 
tors, but  not  otherwise.    No  new  apportion- 


JOUENAL  OF  THE  CONSTITUTIONAL  CON^^ENTION. 


ment  shaU  have  the  effect  of  abridging  tlie 
term  of  service  of  any  Senator  already 
elected  at  the  time  of  making  the  ax^portion- 
ment.  After  an  enumeration  has  been 
made,  as  directed  in  the  sixth  article,  the 
Legislature  shall  not  pass  any  law  till  an 
apportionment  of  rer^resentation  in  both 
Houses  of  the  General  Assembly  be  made. 

Art.  17.  At  the  first  session  of  the  Gren- 
eral  Assembly,  after  this  Constitution  takes 
effect,  the  Senators  shall  be  divided  equally 
by  lot  into  two  classes;  the  seats  of  the 
Senators  of  the  first  class  to  be  vacated  at 
the  expiration  of  the  term  of  the  first  House 
of  Representatives;  of  the  second  class  at 
the  expiration  of  the  term  of  the  second 
House  of  Rei^resentatives;  so  that  one  half 
shall  be  chosen  every  two  years  successively. 
In  case  any  district  shall  have  elected  two 
Senators,  said  Senators  shall  vacate  their 
seats  respectively  at  the  end  of  the  terms 
aforesaid,  and  lots  shall  be  drawn  between 
them. 

Aet.  18.  The  first  election  for  Senators 
shall  be  held  at  the  same  time  vath  election 
for  Representatives;  and  thereafter  there 
shall  be  elections  of  Senators  at  the  same 
time  Tvith  each  general  election  of  Repre- 
sentatives, to  fill  the  places  of  those  Sena- 
tors whose  term  of  service  may  have  ex- 
pired. 

Aet.  19.  Not  less  than  a  majority  of  the 
members  of  each  House  of  the  Greneral 
Assembly  shall  form  a  quorum  to  transact 
business;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  shall  be  authorized  by 
law  to  compel  the  attendance  of  absent 
members. 

Aet.  20.  Each  House  of  the  General 
Assembly  shall  judge  of  the  qualification, 
election  and  returns  of  its  members;  but 
a  contested  election  shall  ^  determined  in 
such  manner  as  may  be  prescribed  by  law. 

Aet.  21.  Each  House  of  the  General 
Assembly  may  determine  the  rules  of  its 
proceedings,  ]punish  a  member  for  disor- 
derly conduct,  and,  with  a  concurrence  of 
two  thirds,  expel  a  meml^er,  but  not  a 
second  time  for  the  same  offense. 

Aet.  22.  Each  House  of  the  General 
Assembly  shall  keep  and  publish  weekly  a 
jouimal  of  its  own  proceedings,  and  the 
yeas  and  nays  of  the  members  on  any 
question,  at  the  desire  of  any  two  of  them, 
shall  be  entered  on  the  journal. 

Aet.  23.  Each  House  may  x^unish,  by  im- 
prisonment, any  person  not  a  member,  for 
disrespect  and  disorderly  beha^dor  in  its 
presence,  or  for  obstructing  any  of  its  j^ro- 
ceedings;  such  imj^risonment  shall  not  ex- 
ceed ten  days  for  any  one  offense. 
^  Aet.  24.  Neither  House,  during  the  ses- 
sions of  the  General  Assembly,  without  the 
consent  of  the  other,  shall  adjourn  for  more 


I  than  three  days,  nor  to   any  other  place 
:  than  that  in  which  they  may  be  sitting. 
'    Aet.  25.  The  meml3ers  of  the  General 
;  Assembl^^  shall  receive  from  the  pubhc 
I  treasury  a  comjDensation  for  their  services, 

which  shall  be  eight  doU.irs  per  day  during 

their  attendance,  going  to  and  returning 
I  from  the  sessions  of  their  r -pective  houses. 
I  This   compensation  iji:;y  ],  ~-  increased  or 

diminished  by  law,  Vjut  no  alteration  shall 
:  take  effect  during  the  j^eriod  of  service  of 

the  niemljers  of  the  House  of  Representa- 
;  fives  by  which  such  alteration  shall  have 
j  been  made.  No  session  shall  extend  beyond 
j  the  period  of  sixty  days,  to  date  from  its 
\  commencement.    And  auj^  legislative  action 

had  after  the  expiration  of  said  period  of 
i  sixty  days  shall  be  null  and  void;  but  this 
i  last  pro\usion  shall  not  apply  to  the  first 
:  session  of  the  Legislature  that  shall  con- 
I  vene  after  the  adoption  of  this  Constitir- 

tion. 

Aet.  26.  The  members  of  the  General 
^Assembly,  in  all  cases  except  treason, 
!  felony  and  breach  of  the  peace,  shall  be 
privileged  from  arrrst  during  their  attend- 
ance at  the  sessions  of  their  respective 
houses,  and  going  to  or  returning  from 
the  same  ;  and  for  any  speech  or  debate  ia 
either  House  shall  not  be  questioned  in  any 
other  place. 

Aet.  27.  No  Senator  or  Representative 
during  the  term  for  which  he  was  elected, 
nor  for  one  year  thereafter,  shall  be  ap- 
pointed to  any  ci^ul  office  of  profit  under: 
this  State,  which  shall  have  been  created 
or  the  emoluments  of  which  have  been  in- 
creased durmg  the  time  such  Senator  or 
Representative  Avas  in  oiiice,  except  to  such 


e  fij 


election  of 


me  11 
a 

;n  wh; 


continues 
.^rp-yman  of 
lever,  shall 


offices  as 
the  people. 

Ai:t.  28.  No  i^erson,  v\ 
to  exercise  the  functions  ( 
any  religions  denoniiuati'. 
be  eligiijlc  to  the  General  Asseniblv. 

Aet.  29.  No  bill  shaH  Lav.?  the  force  of  a 
law,  until,  on  three  several  days  it  be  read 
over  in  each  House  of  the  G  eneral  Assembly, 
and  free  discussion  allowed  thereon;  unless 
in  case  of  urgency  four  fifth.-^  of  the  house,, 
where  the  bill  is  pending,  inay  deem  it  ex- 
pedient to  dispense  -vdth  this  rule. 

Aet.  30.  All  bills  for  raising  revenue 
shall  originate  in  the  House  of  Representa- 
tives ;  but  the  Senate  may  propose  amend- 
ments as  in  other  bills:  Prorl'Ied,  It  shall 
not  introduce  any  nevv  matter  under  the 
color  of  an  amendment,  which  does  not  re- 
late to  raising  rovenue. 

Aet.  31.  The  General  Assembly  shall 
regulate  by  law,  by  whom  and  in  what  man- 
ner, mits  of  election  shall  be  issued  to  fill 
the  vacancies  which  may  occur  in  either 
branch  thereof. 


68 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Aet.  32.  The  Senate  shall  vote  on  the 
confirmation  or  rejection  of  the  officers  to 
he  appointed  by  the  Governor,  with  the 
advice  and  consent  of  the  Senate,  by  yeas 
and  nays;  and  the  names  of  the  Senators 
voting  for  and  against  the  appointments, 
respectively,  shall  be  entered  on  the 
journals  to  be  kept  for  the  jDurpose,  and 
made  pubKc  on  or  before  the  end  of  each 
session. 

Art.  33.  Retm-ns  of  all  elections  for 
members  of  the  General  Assembly  shall  be 
made  to  the  Secretary  of  State. 

Akt.  34.  In  the  year  in  which  a  regular 
election  for  a  Senator  of  the  United  States 
is  to  take  place,  the  members  of  the  General 
Assembly  shall  meet  in  the  hall  of  the  House 
of  Rei^resentatives  ou  the  Second  Monday 
following  the  meeting  of  the  Legislature, 
and  i)roceed  to  said  el^vjtion. 

Jno.  L.  Baeeet,  Chairman; 

John  Lynch, 

T.  S.  Ceawpoed, 

S.  R.  Moses, 

S.  B.  Packaed, 

Aj^NoiiD  Beetokneau. 
And  moved  that  200  cojDies  be  printed 
and  the  rejDort  referred  immediately  to  Com 
mittee  on  Draft  of  Constitution. 

The  Committee  on  General  Provisions, 
Mr.  Crawford,  of  Caldv^^ell,  chairman,  pre- 
sented the  following  majority  report : 

MAJOBITY    EEPOET    OE    THE    COMSIITTEE  ON 
GENEE.\E  PEOTISIONS. 

To  the  President  and  Ifemhers  of  the  Constitutional 
Convention  of  the  Stati;  of  Louisiana  : 

The  undersigned,  members  of  the  Com- 
mittee on  General  Provisions,  respectfully 
submit  the  following  rexoort,  which  they 
recommend  may  be  adopted : 

Ateicle  1.  Every  male  person  of  the 
age  of  twenty-one  years  or  upwards,  ex- 
cepting paupers,  persons  under  interdiction 
and  those  disfranchised  by  this  Constitu- 
tion, who  shall  be  a  citizen  of  the  United 
States,  and  who  shall  have  been  an  inhabi- 
tant of  this  State  one  year  next  preceding 
an  election,  and  the  last  six  months  within 
the  parish  in  Vvhich  he  oJffers  to  vote,  shall 
be  deemed  an  elector.  After  the  first  of 
January,  one  thoursand  eight  hundred  and 
seventy-two,  no  one  shall  be  entitled  to 
vote  in  this  State  unless  he  can  read  and 
"Write;  Provided,  That  no  person  shall  be 
deprived  of  the  right  to  vote  who  shall  be 
entitled  to  vote  for  or  against  the  ratifica- 
tion of  this  Constitution.  No  elector  shall 
be  permitted  to  vote  at  any  election  who 
shall  not  have  i^aid  the  taxes  due  by  him 
to  the  State  at  the  time  he  offers  to  vote. 

Aet.  2.  The  following  persons  shall  be 
prohibited  from  voting  or  from  holding  any 


office  of  honor,  trust  or  profit  in  this  State^ 
to  wit:  All  persons  who  shall  have  been 
convicted  of  treason,  perjury,  forgery, 
bribery,  or  other  crime  punishable  by  im- 
prisonment at  hard  labor  ;  all  paupers  and 
persons  under  interdiction  and  all  leaders 
or  officers  of  guerrilla  bands  during  the  late 
war  or  rebellion.  The  following  persons 
are  prohibited  from  voting  or  holding  any 
office  of  honor,  trust  or  profit  in  this  ^tate, 
until  after  the  first  of  January,  one  thou- 
sand eight  hundred  and  seventy -eight,  to 
wit:  AU  persons  who,  before  the  first  of 
June,  one  thousand  eight  hundred  and 
sixty- one,  held  the  office  of  Yice-President, 
Secretary  of  State,  Secretary  of  War, 
Secretary  of  the  Interior,  Secretary  of  the 
Treasury,  Postmaster  General,  or  Attorney 
General  of  the  United  States,  diplomatic 
agents  of  the  United  States,  members  of 
Congress,  Judges  of  the  Supreme,  Circuit 
and  District  Courts  of  the  United  States, 
commissioned  officers  of  the  army  or  navy 
of  the  United  States,  Governors  and  Lieu- 
tenant Governors  of  tliis  State  or  of  other 
States,  State  Senators,  Judges  of  the  Su- 
preme and  District  Courts  of  this  State, 
Judges  of  the  Coui'ts  of  last  resort  of  other 
States,  and  who  approved  or  encouraged 
the  secession  of  this  State  or  any  other 
State  before  the  first  day  of  June,  one  thou- 
sand eight  hundred  and  sixty-one,  and 
members  of  secession  conventions  who 
voted  for  or  signed  the  ordinance  of  seces- 
sion. 

Aet.  3.  Members  of  the  General  Assem- 
bly and  all  other  officers,  before  they  enter 
upon  the  duties  of  their  offices  shall  take 
the  follo^sdng  oath  or  affirmation:  I,  (A.  B.), 
do  solemnly  swear  (or  affirm)  that  I  will 
support  the  Constitution  and  laws  of  the 
United  States,  and  the  Constitution  and 
laws  of  this  State,  and  that  I  will  faithfully 
and  impartially  discharge  and  perform  all 
the  duties  incumbent  on  me  as  ,  ac- 
cording to  the  best  of  my  ability  and  un- 
derstanding.   So  help  me  God. 

Aet.  4.  Treason  against  the  State  shall 
consist  only  in  levying  war  against  it,  or 
adhering  to  its  enemies — giving  them  aid 
and  comfort.  No  person  shall  be  convicted 
of  treason  except  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  his 
confession  in  open  court, 

Aet.  5.  AU  j)enalties  shall  be  proportion- 
ed to  the  nature  of  the  ofi'ense. 

AnT.  6.  The  privilege  of  free  suffrage 
shall  be  supported  by  laws  regulating  elec- 
tions,"  and  prohibiting,  under  adequate 
penalties,  all  undue  influence  thereon  from 
l^ower,  bribery,  tumult  or  other  improper 
practice. 

Art.  7.  No  money  shall  be  draw^n  from 
the  Treasury  but  in  pursuance  of  specific 


JOUENAL  or  THE  CONSTITUTIONAL  CONVENTION. 


69 


api3roi3riations  made  by  law  ;  a  regular 
statement  and  account  of  receipts  and  ex- 
penditures of  all  public  monies  sliaU  be 
made  annually  in  such  ^manner  as  sliaU  be 
prescribed  by  law. 

Abt.  8.  All  civil  officers  of  tlie  State  at 
large  shall  be  voters  of  and  reside  mtliin 
tbe  State  ;  and  all  district  or  parish  officers 
shall  reside  within  their  respective  districts 
or  parishes,  and  shall  keep  their  offices  at 
such  place  therein  as  ma,y  be  required  by 
law. 

AnT.  9.  All  civil  officers  shall  be  remova- 
ble by  an  address  of  tAvo  thirds  of  the  mem- 
bers elect  to  each  House  of  the  General  As- 
sembly, except  those  whose  removal  is  other- 
wise provided  for  b^^  this  Constitution. 

Akt.  10.  In  all  elections  by  the  people 
the  vote  shall  be  taken  by  ballot ;  and  in 
all  elections  by  the  Senate  and  House  of 
Bepresentatives,  jointly  or  seperately,  the 
vote  shall  be  given  viva  voce. 

Akt.  11.  No  member  of  Congress  or  per- 
son holding  or  exercising  any  office  of  trust 
or  profit  under  the  United  States  or  under 
any  foreign  power,  shall  be  eligible  as  a 
member  of  the  General  Assembly,  or  hold 
or  exercise  any  office  of  trust  or  profit  under 
this  State. 

Art.  12.  None  but  citizens  of  the  United 
States  and  of  this  State  shall  be  appointed 
to  any  office  of  trust  or  profit  in  this  State. 

Ap.t.  13.  The  laws,  public  records  and 
the  judicial  and  legislative  written  proceed- 
ings of  the  State  shall  be  promulgated, 
preserved  and  conducted  in  the  English 
language. 

Art.  14.  No  pov/er  of  suspending  the 
laws  of  this  State  shall  be  exercised  except 
by  the  General  Assembly. 

Aet.  15.  Prosecutions  shaU  be  by  indict- 
ment or  information.  The  accused  shaU  be 
entitled  to  a  speedy  public  trial  by  an  im- 
partial jury  of  the  j)arisli  in  which  the 
offense  was  committed,  unless  the  venue  be 
changed.  He  shall  not  be  compelled  to 
give  evidence  against  himself ;  he  shall 
have  the  right  of  being  heard  by  himself  or 
counsel;  he  shaU  liave  the  right  of  meeting 
the  witnesses  face  to  fa,ee,  and  shall  have 
compulsory  i3rocess  for  obtaining  witnesses 
in  his  favor.  He  shall  not  be  tried  twice 
for  the  same  offense. 

Art.  16.  All  persons  shall  be  bailable  by 
sufficient  securities,  unless  for  capital  of- 
fenses where  the  proof  is  evident  or  the 
presumption  great,  or  unlef  s  after  convic- 
tion for  any  crime  or  offense  punishable 
with  death  or  imprisonment  at  hard  labor. 
The  privilege  of  the  syyH  of  liabeas  corpus 
shall  not  be  susi3 ended. 

Art.  17.  Excessive  bail  shall  not  be  re- 
quired, excessive  fines  shall  not  be  imposed 
nor  cruel  or  unusual  punishments  inflicted. 


1  Art.  18.  The  right  of  the  people  to  be 
j  secure  in  their  persons,  houses,  papers  and 
1  effects  against  uureasouiible  searches  and 
!  seizures  shall  nor  be  violated;  and  no  war- 
j  rants  shall  issue  Ij-it  upon  probable  cause, 
I  supported  by  oath  or  affimuition,  parti- 
cularly describing  the  \)Iacq  to  be  searched 
and  the  thing  to  be  seized. 

Art.  19.  No  e,  .  '  .  '  '  ;  '  or  retroactive 
law,  nor  any  law  iinpii  vi-iiii;-  the  obligation  of 
contracts,  shall  ])c  passed,  nor  vested  rights 
be  divested,  unless  for  purposes  of  public 
utility  and  for  adequate  compensation  pre- 
viously made. 

Art.  20.  All  courts  shall  be  open,  and 
every  jjerson,  for  any  injury  done  liim  in 
his  lands,  goods,  person  or  reputation,  shall 
have  adequate  remedy  by  due  course  of 
law,  and  right  and  justice  administered 
without  denial  or  unreasonable  delay. 

Art.  21.  The  press  shall  be  free;  every 
citizen  may  freely  speak,  unite  and  pubhsli 
his  sentiments  on  all  subjects,  being  re- 
sponsible for  the  abuse  of  this  liberty. 

Art.  22.  Whenever  the  General  Assem- 
bly shall  contract  a  debt  exceeding  in 
amount  the  sum  of  one  hundred  thousand 
dollars,  unless  in  case  of  war,  to  repel 
invasion  or  suppress  insiu'rection,  it  shall 
in  the  law  creating  the  debt  provide  ade- 
quate ways  and  means  for  the  payment  of 
the  current  interest  and.  of  the  principal 
when  the  same  shall  become  due,  and  the 
said  law  shall  be  irrepealable  unless  prin- 
cipal and  interest  be  fully  x>aid,  or  unless 
the  repealing  law  contains  some  adequate 
pro^dsion  for  the  payment  of  the  princixDal 
and  interest  of  the  debt. 

Art.  23.  The  General  xissembly  shall 
provide  by  law  for  all  change  of  venue  in 
civil  and  memorial  cases. 

Art.  21,  The  General  Assembly  may 
enact  general  laws  regulating  the  adoption 
of  children,  emiincipation  of  minors  and  the 
granting  of  divorces  ;  but  no  special  law 
shall  be  passed  relating  to  particular  or  in- 
dividual cases. 

Art.  25.  Every  law  passed  by  the  Gen- 
eral Assembly  shall  embrace  but  one  object, 
and  that  shaU  be  expressed  in  the  title. 

Art.  26.  No  law  shall  be  revived  or 
amended  by  reference  to  its  title  ;  but  in 
such  case  the  revived  or  amended  section 
shall  be  re-enacted  and  published  at  length. 

Art.  27.  The  General  Assembly  shall 
never  adopt  any  system  or  code  of  laws  by 
general  reference  to  such  system  or  code  of 
laws  ;  but  in  all  cases,  shall  specify  the 
several  provisions  of  the  law  it  may  enact. 

Art.  28.  No  person  siiail  hold  or  exercise, 
at  the  same  time,  more  than  one  office  of 
trust  or  profit  except  that  of  Justice  of  the 
Peace  or  Notary  PubUc. 

Art.  29.   Taxation  shall  be  equal  and 


70 


JOUKNAL  OP  THE  CONSTITUTIONAL  CONTENTION. 


Timform  throughout  the  State  ;  all  proper- 
ty shall  be  taxed  in  proportion  to  its  viJue, 
to  be  ascertained  as  directed  by  law  ;  the 
General  Assembly  shall  have  power  to  ex- 
empt from  taxation  jDroperty  actually  used 
for  church,  school  or  charitable  purposes. 
The  General  Assembly  shall  levy  an  income 
tax  upon  ail  i^ersons  pursuing  any  occupa- 
tion, trade  or  calling,  and  all  such  persons 
shall  obtain  a  license,  as  provided  by  law, 
all  tax  on  income  shall  be  pro  rata  on  the 
amount  of  income  or  business  done.  The 
General  Assembly  shall  a  poll  tax  on 
all  male  inhabitants  of  this  State,  over 
twenty-one  years  old,  for  school  purposes, 
which  tax  shall  never  exceed  one  dollar  and 
fifty  cents  in  any  one  year. 

Abt.  30.  The  General  Assembly  shall 
liave  power  to  extend  this  Constitution  and 
the  jurisdiction  of  this  State  over  any  ter- 
ritory acquii-ed  by  compact  with  any  other 
State  or  the  United  States,  the  same  being 
done  by  the  consent  of  the  United  States. 

Aet.  31.  None  of  the  lands  granted  by 
Congress  to  the  State  of  Louisiana  for  aid- 
ing in  constructing  the  necessary  levees  and 
drains  to  reclaim  the  swamp  and  overplowed 
lands  of  the  State,  shall  be  diverted  from 
the  i)uri30se  for  which  they  were  granted 

Art.  32.  No  liability,  either  State,  paro- 
chial or  municipal,  shall  exist  for  any  debts 
contracted  for,  or  in  the  interest  of  the  re- 
bellion against  the  L'nited  States  Govern- 
ment. 

AnT.  33.  The  General  Assembly  may  de- 
termine the  mode  of  filling  vacancies  in  all 
offices  for  which  provision  is  not  made  in 
this  Constitution. 

Aet.  34.  The  General  Assembly  shall 
pass  no  law  requiring  a  i3roperty  qualifica- 
tion for  office. 

Aet.  35.  ^^Ul  officers  shall  continue  to 
discharge  the  duties  of  their  offices  until 
their  successors  shall  have  been  inducted 
into  office. 

Aet.  36.  The  General  Assembly  shall 
provide  by  law  for  the  protection  of  the 
rights  of  married  women  to  their  para- 
phernal property  and  for  the  registration  of 
the  same,  but  no  mortgage  or  privilege 
shall  hereafter  affect  third  parties  unless 
recorded  in  the  parish  where  the  property 
to  be  affected  is  situated.  The  tacit  mort- 
gages and  privileges  now  existing  in  this 
State  shall  cease  to  have  effect  against  thkd 
persons  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  seventy,  unless 
duly  recorded.  The  General  Assembly 
shall  provide  by  law  for  the  registration  of 
all  mortgages  and  privileges. 

Aet.  37.  The  General  Assembly  at  its 
first  session  under  this  Constitution  shall 
j)rovide  an  annual  pension  for  the  veterans 
of  1814  and  1815. 


Aet.  38.  The  General  Assembly  at  its 
first  session  under  this  Constitution  shall 
provide  by  lavf  for  the  registration  of  vo- 
ters throughout  the  State,  and  no  one  shall 
be  iDermitted  to  vote  until  registered. 

Aet.  39.  The  seat  of  government  shall 
be  established  at  the  City  of  Baton  Rouge, 
and  shaU.  not  be  removed  Tvdthout  the  con- 
sent of  two  thirds  of  the  members  of  both 
Houses  of  the  General  Assembly. 

T.  S.  Ceawfoed,  Chairman; 
L.  W.  Bakee, 
Chaeles  Leeoy, 

W.  H.  COOLEY, 
JnO.  J.  LUDEMNG. 

Mr.  Crawford  also  made  a  verbal  report, 
as  follows: 

Resolutions  offered  by  Messrs.  Cromwell, 
"Wilson,  Lepasseau,  Leroy  and  Ingraham, 
have  been  considered  by  the  committee, 
and  their  views  thereof  embodied  in  the 
report.  Resolutions  of  Messrs.  R.  H.  Isa- 
belle  and  Wilson  were  reported  back  as 
embracing  subjects  not  within  the  scope  of 
the  Committee  or  the  Constitution. 

Mr.  Musliaway,  of  Orleans,  moved  to 
print  200  copies,  and  to  refer  to  Committee 
on  Draft  of  the  Constitution.  Adopted. 

Committee  on  Ordinance  and  Schedule 
reported  progress. 

The  Committee  on  Enrollment  submitted- 
the  following  report : 

To  the  President  and  Members  of  the  Convention  :  ^ 

Gentlemen — Finding  it  an  impossibility 
for  the  Convention  to  transact  its  business 
properly  without  the  necessary  clerks,  the 
committee  as  per  resolution  jDassed  author- 
izing standing  committees  to  appoint  a 
clerk  when  deem  ed  necessary,  would  respect- 
fully represent  that  we  have  this  day  ap- 
pointed T.  H.  Noland  Chief  Enrolling  Clerk, 
which  we  respectfully  submit. 

Mr.  Smith,  of  Orleans,  moved  to  confirm 
the  nomination  of  T.  H.  Noland,  as  Chief 
Enrolling  Clerk.  Adopted. 

Committee  on  Contingent  Expenses — ^Re- 
port progress. 

Committee  on  Draft  of  the  Constitution-— 
No  progress. 

unfinished  business. 

By  Mr.  Smith,  of  Orleans  : 

Mr.  Smith,  under  this  head,  called  up  his 
resolution  relative  to  the  amendment  of 
the  Constitution  of  1864,  and  its  adoption 
as  the  Constitution  of  1867.  Laid  on  the 
table. 

Mr.  Cromwell,  of  Orleans,  moved  to  lay 
on  the  table.  Adoj)ted. 


JOURXAL  OF  THE  COXSTITUTIOXAL  COX^'EITITOK. 


71 


Mr.  Cromwell,  of  Orleans,  on  lielialf  of 
the  niinoriry  of  tlie  Committee  on  General 
Provisi-on— nl  aniiT- J  the  foil  "  vrin-  r:-port: 

MIXOEITY    EEPOEI     OF     THE    ClQI^IIIIEE  OX 


CtEXEE-IL  PEOnSIONS. 


Oonstitutional 


1-  r* 


To  tlie  President  a;.  ' Tl  ':v'"  r- 
Convention  of  i"-     ■  .  ~  - 

The  nndersipiiv  l '1' 
of  the  majority  01  ,.:jlr'-- 
spectfully  -uljmit  tli-_i    ^      ■  t^  > 

the  oath  uf  memV)'-i>  of  the  C^:-ii^  v:;i  A-- 
sembly  and  all  'Alter  Siate  orp-ri-h  .:'.lr  --i-; 
Tve  recommend  the  oatli>  ht-r^-in  set  lorth 


ior( 


for  offic'er- 
speetivr  I  •hi-'--. 
to  regi-t£'r.  t  i  v 
not  time  tu  r^-purt 


-nt.-rnii- 

.:d  uth./t 

E.  I.  Ci 

E.  O.  A 


tn-ir 


havf 


■or^tELE, 
a;DiXEE. 

EES     IX  THE 


Qr-IEIEICATIOVS     OE    AEE  ( 
STATE. 

3Iemh^■^s  of  the  Ot-:n-ral  Assembly,  and 
ah  '■ii;.--!-.  before  th^^y  entirr  npon  the 
ditties  iji  thci-ir  ofhces.  shall  tiAe  the  foUo^^-- 
ing  oath  or  aihrmati'^in :  ■■!  do  solemnly 
swear  I'or  ahirm    that  I  liaT^^  nt-^"er  v. dun- 


Am-  in 


::in>t  the  I' 

AtlZ'El  th 

.tary  aid.  . 
E'enl^'-llt  t' 


itr 


I 


tardy  b.v 

since  1  havf  bt^t-n 
hare  given  n  ^  '1- 
counsel,  or  t-nc-.;; 
gaged  in  armed  1 
have  never  souglE 
tempted  t';  t-xeiA 
Oihce  vdtat.  ver :  un^ 
tended  authurity.  in  h>:>--tihtv  \< .  ih-.-  Anivt-d 
States;  that  I  have  n;:'t  yi-idi 'd  u  v^  ;diniary 
support  to  any  pretended  go^-eriiinent. 
authority,  povrer  or  constitution  vuthin 
the  United  States,  hostile  orinimicid  tht-E?- 
to,  and  did  not  vAlfiAly  deseit  fr^jin  tlie 
military  or  naval  service  of  the  United 
States. 'or leave  ihi-  St^ite  to  avoid  the  draft 
during^  the  rebellion;  and  that  I  vdU  sup- 
port the  Constitutic*n  and  laws  of  the 
United  States,  and  of  this  State,  and  that 
I  will  faithfuhy  and  impartially  di- charge 
and  perform  aU  the  duties  incumbent  on 

me  as  ,  according  to  the  best  of  my 

abilities  and  understanding.  So  help  me 
God." 

Akt.  1.  Government  is  instituted  for  the 
seciu'ity.  benefit  and  protection  of  the  peo- 
ple, in  whom  all  political  power  is  inlierant. 
together  with  the  right  to  alter,  modify  or 
reform  such  government  vd.euever  the  xjub- 
lic  good  may  require  it. 

WHO  AI^E  DISEEAXCHISED. 

Art.  2.  Xo  person  a  citizen  of  this  State 
shall  be  disfranchised  hut  the  folLDAwhiu- 
classes  of  persons:  Eirst.  Persons  v,-hd. 
during  the  late  rebel' ion.  inflicted  or  cau-ed 
to  be  inflicted,  any  cruel  or  unusal  punish- 


ment upon  any  solders,   sailors,  mani-r;.-. . 
employees  or  citizens  c.f  tin-  United  SAite-  - 
or  vrho  in  any  other  w.^y  vi-iated  the  Toltz. 
of  civilized  warfare.    Second.  Xo  soldier, 
sailor,  or  ma:  ine  in  the  military  or  nawAi  - 
service  of  th  ■  Aiht..  d  'r^i/.i'--   -nuh  hereafter 
acquire  a  re-idener'  b''   rea>(jn   of  bAng 
-nhiene-  .     duty  m  this  State.    Third,  Aid 
["■ei-'iA-  "."ji'i  -ign-d  ih''  '"udinance  of  — 
-i^n,    F':..irT]id  A\  -    -  ;  •  m:iy  be  di- y\A.  - 
hed    frniji    h'ddlA_   'A:-  '  by  r].:-  iiV'  -  -r.... 
::Ai:  :..A:iL-Ai    to    tile    L  uustii the  ^ 
UiAt  'd    SAACs.    hnowu    a-    A.  Ae.  • 

Eiith.  Andtho-e  wh^hiiA-  -b       d-;y:..  otle^^ 
fruin  regi-rering  t.^  v^io-  f      A_  _  a-  to  ■ 
frame  a  Cen-tituti' lu  : -i  il.  ■  a.;::  ■  .e  "  - 
iana.  uiiil-r  ti^e  ac-':  a_i---  t  '  ^  .   "  .  . 

for  the  mere  eincieiit      ^^'-i  AAe.iA  tho 
rebel  States,  passed  by  e  .  A  en.  — ,  3E..rv-Ii  2v 
l^ijT — and  the  acts  SAppbni.entary  th  ret? 
eXeept   ^Ueh  per/rms   uS  havr-   acCepte  l  ^:hv- 

]_'AbAc  eqindi^v.   p-lAi^A  ;  aa  civil  rigbr-:^ 

and  priviL'Le--    '_e    ed         :  -    e-.    AAth'Jltt  IV'^ 

;^ard  t' Aheir  pf' ^A'  V  -  ■  e      ,  n  ef  ^ervitucia 

'Ji  r:M.--.  ,i:e.l  Je/"-    :il    ^   A^  A.e  reCOEStrtlC- 

A.m  prL:p'..:el  :  y  -  ... 

Aet.  e.  1:  -  .  '  ;  'Al  the  Gen- 
eral A>-embl^,- e  yi.e  - tr-A.  time  to  tiniev, 
fer  the  r-giAi:iA  'A      -e  -A  ;t-s. 

•  AArA   .a;    uT-AAIEIi  1  AA'A-    TIE  EEGISTEEIX<A^ 
--A.e   d.   Ad  V'el-  el.A   l^efr.:-  Tegi-teAng^ 

muA  tAe-  ei.e  d-y    -y:         Ae/  a  A.wiiig: 

OeA_  :    -1  d.  ;   ;  .A  -  ■      -J  eAAE.  dif^t 


(  "A-tiAltioA      tAld     laVA     ./'f    the    bCete  OA 

L  'Ai-ic^ne:  th;A  I  am  not  excluded  from 
gAt-iiiiA  by  any  Aen-e.  >.-'-ii'ei  or  article- 
in  th'.'  C.  Hi-ritntA'A  ^A  tdi-  State  :  that  X 
will  nevM.'  e>>unteuaLee  or  aid  in  the  seces- 
rd' n  .  A  thi-  State  from  the  Unit-d  States  ; 
that  I  aee.qir  the  public,  pohtieah  and  ci\ii 
equality  of  ad  men.  and  agree  not  to  at- 
tempt to  de]_.A'ive  any  person  or  persons,  on 
aee-unt  of  race,  color  or  previous  conddtioa 
'A'  any  pohtieal  or  civil  rights  and  ptiblia 
privileges  or  immunities  enjoyed  by  -any- 
cla>s  of  men  :  and.  furthermore,  that  I  "wilL 
not  in  any  way  injure  or  countenance  in 
others,  any  attempt  to  injure  any  pei-son  or 
persons  on  account  of  p;L>t  or  present  siij>- 
port  of  the  GovcrnnicAit  of  the  United 
States  and  laws  of  the  United  States,  iiL 
the  prineiples  of  the  pidjlic,  i^oliticiJ.  and- 
ci^dl  equality  of  all  men. 

QLAALIE.ICATIOXS  EOE  FOEETCtXEES, 

Aet.  5.  Xo  person  of  foreign  birth  sKaH 
he  entitled  to  vote,  or  sIeiH  I'C  ehgilde  in. 
thi-  State  to  office,  unless  he  ,-liad  ha''e  Te- 
sii.led  vdtliin  the  United  Sea  A-  for  tvAnty- 
one  years  and  naturalized:  F r- --coUd.  Tliafc 
this  article  shall  n(>t  alf'ect  th  ■  rights  whicli. 
any  person   of    foreign   birth  x^ossesse^i 


72 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


at  the  time  of  the  acloi^tion  of  this  Con- 
stitution. 

-Art,  6.  The  Legislature  shall  have  full 
power  to  exclude  from  the  i^rivilege  of 
electing  or  being  elected  any  person  con- 
■victed  of  bribery,  perjury  or  rebeUion. 

AitT.  7.  No  pipperty  qualification  for 
(eligibility  to  office,  or  for  the  right  of  suf- 
frage, shall  be  ever  required  by  law  in  this 
State. 

Art.  8.  Every  person  shall  be  disquali- 
fied and  prohibited  from  holding  any  office 
©f  trust  or  profit  in  this  State,  and  shall 
be  excluded  from  the  light  of  suffrage,  who 
shall  have  been  civiL-or  diplomatic  officers 
or  agents  of  the  Confederate  States  of 
America,  or  who  have  left  judicial  stations 
under  the  United  States  or  the  State  of 
Louisiana  to  aid  in  the  rebellion  against 
the  authority  of  the  United  States,  or  who 
shall  have  left  the  army  or  navy  of  the 
United  States  and  joined  the  Confederate 
States  army  or  na^^;  all  officers.  Captains 
said  above  the  rank  of  Captains  in  the  army, 
and  all  Lieutenants  or  above  the  rank  of 
Lieutenants  in  the  navy;  all  who  left  seats 
in.  the  United  States  Congress  or  seats  in 
the  Legislatui'e  of  this  State  or  any  State  to 
aid  in  rebellion,  or  persons  who  have  been 
engaged  in  treating,  otherwise  than  law- 
folly  as  prisoners  of  war,  persons  found  in 
■&e  United  States  service  as  officers,  sol- 
diers, seamen,  or  in  any  other  capacities, 
©r  persons  who  hekl  offices  under  the  Gov- 
ernment of  the  Confederate  States  for  the 
puipose  of  aiding  rebellion,  shall  be  denied 
the  elective  franchise  in  this  State  for  their 
lifetime. 

Aet.  9.  The  privilege  of  free  suffrage 
shall  be  supported  ay  laws  regulating  elec- 
tions, and  prohibiting  under  severe  penal- 
ties or  punishment  all  undue  influence 
thereon  from  j)ower,  bribery,  tumult  or 
other  improper  practice. 

Mr.  Crane,  of  Orleans,  moved  that  200 
®opies  be  printed.  Adopted. 

Mr.  Blackburn,  of  Claiborne,  called  up 
Mie  report  of  the  Committee  on  Printing : 

SEPOET    OF  THE  COMMITTEE  ON  PRINTING. 
^S"©.  the  President  and  gentlemen  of  the  Convention: 

The  Committee  on  Printing,  after  care- 
fcslly  examining  and  comparing  former 
xates  and  contracts  for  such  works,  re- 
.-spectfully  ask  leave  to  recommend  the  f ol- 
lov/ing  rates  of  compensation  to  be  allowed 
tise  Official  Printer  of  this  Convention,  viz: 

No.  1.  For  the  first  one  thousand  copies 
®f  the  journal  of  the  Convention,  in  book 
form,  printed  in  bourgeois  type,  the  pages 
to  be  of  the  usual  size  of  such  work,  and 
to  be  folded  and  stiched  in  the  ordinary 
sfcyle,  five  dollars  will  be  allowed  for  each 
■^age,  and  for  every  one  thousand  copies, 


after  the  first  one  thousand,  three  dollars' 
per  page;  and  in  the  same  proportion  for 
fractions  of  one  thousand  copies. 

No.  2.  For  all  documents,  reports,  or; 
other  matter  than  the  journal  of  the  Con- 
tention, printed  in  book  or  iDamj)hlet  f orm, ; 
comx^osed  in  bourgeois,  the  x^ages  to  be  of 
the  same  length  and  breadth  as  the  journal, 
five  dollars  per  x^age  for  the  first  two  hun- 
dred copies,  and  for  every  additional  two 
hundred  cox3ies  three  dollars  x^er  x^age. 

For  resolutions,  memorials  or  reports  of 
committees,  x)rinted  on  foolscap  or  similar 
sized  paper,  composed  in  bourgeois  tyx^e, 
thirty-six  ems  wide  and  ninety-five  Hnes  in 
length,  for  the  first  two  hundred  copies 
eight  dollars  per  X3age ;  and  for  each  adi- 
tional  hundred  copies  four  dollars  per  page. 

For  all  matter  marked  "official,"  and 
published  in  the  offiicial  journal,  one  doUar 
X)er  square,  of  the  sx^ace  of  ten  agate  lines, 
for  the  first  insertion  ;  and  fifty  cents  for 
each  subsequent  insertion. 

Your  committee  would  suggest  that  this 
estimate  is  in  the  main,  at  lower  rates  than 
have  heretofore  been|aILowed  for  similar  work 
while  the  x^i'ice  of  commposition  and  the 
cost  of  printing  material  generally  is  now 
much  higher. 

Your  committee  would,  therefore,  most 
resx^ectfully  ask  that  these  rates  be  allowed, 
and  that  the  number  of  the  journal  order- 
ed, in  X3amphlet  form,  be  twenty-five  hun- 
dred cox)ies. 

Your  committee  would  also  rexoort  on  the 
resolutions  offered  by  the  honorable  mem- 
ber from  East  Baton  Eouge,  and  the  various 
amendments  offered  by  other  members,  re- 
lative to  publishing  in  other  loyal  x:)apers 
the  rex^ort  of  the  x^i^oceedings  of  the  Con- 
vention, as  follows  : 

That  the  official  x^roceedings  of  this  Con- 
vention be  x^ublished  in  the  following  nam- 
ed newspapers  :  The  New  Orleans  E-ex^ub- 
lican,  the  Homer  Iliad,  the  Louisiana  In- 
telligencer, the  St.  Landry  Progress,  the 
German  Gazette  and  the  Iberville  Pioneer  ; 
to  bex^aidthe  same  rates  allowed  the  Official 
Printer,  at  v^^hich  rates  your  committee  has 
calculated  the  aggregate  sum  will  be  but 
comparatively  small,  when  considered  in 
connection  with  the  public  utility  which 
may  result  from  this  just  distribution  of 
patronage. 

The  adoption  by  the  Convention  of  this 
recommendation  is  of  great  imx^ortance  in 
acquainting  the  x^eox^le  of  the  whole  State 
with  the  acts  of  their  public  servants,  and 
win  tend  materially  in  aiding  the  cause  of 
reconstruction  of  a  loyal  government  in  this 
State,  founded  on  x^i'incixoles  of  true  re- 
publicanism. With  these  objects  in  view, 
and  considering  the  eminent  justice  of  the 


JOUKNAL  OF  THE  COXSTITUTIONAX.  CONYENTION. 


73 


measure,  your  committee  ofler  the  accom- 
panying resolutions  for  adoption. 

W.  Jasper  Blagkbuex, 
Chairman  Committee  on  Printing; 

'SV^L.  Beowx, 

M.  YiDAL. 

Chas.  a.  Thibaut, 

M.    H.  TWITCHELL, 

Samuel  E.  Cuiney, 

W.   H.  HiESTAXD. 
EESOLUnOXS. 

Besoired,  That  the  follo^-ing  rates  of 
compensation  he  allovred  the  Official  Printer 
of  this  Convention,  viz : 

For  the  first  500  copies  of  the  Journal 
of  the  Convention,  in  book  form,  in-inted 
in  Ijourgeois  type,  the  x)ages  to  be  of  the 
usual  size  of  such  ^vork,  and  to  be  folded 
and  stitched  in  the  ordinary  style,  five  dol- 
lars; and  for  every  500  copies  after  the  first 
500,  three  dollars  per  page  ;  and  in  the  same 
proportion  for  fractions  of  500  copies. 

For  all  documents,  reports,  or  "other 
matter  other  than  the  Journal  of  the  Con- 
vention, printed  in  book  or  pamphlet  form, 
composed  in  boui'geois,  the  images  to  be  of 
the  same  length  and  breadth  as  the  journal, 
five  dollars  -pev  page  for  the  first  tAvo  hun- 
dred copies,  and  for  every  additional  two 
hundred  copies  three  dollars  vev  page. 

For  resolutions,  memorials,  or  reports  of 
committees,  printed  on  foolscap  or  similar 
sized  paper,  composed  in  bourgeois  type. 
thirty-six  ems  vricle  and  ninety-five  lines  in 
length,  for  the  first  Wo  hundred  copies 
eight  dollars  per  page,  and  for  each  ad- 
ditional hundred  copies  four  dollars  per 
page. 

■  For  all  matter  marked  '  "'oincial, "  and  pub- 
lished in  the  ofiicial  journal,  one  dollar  2')er 
square,  of  the  space  of  ten  agate  lines,  for  the 
first  insertion,  and  fifty  cents  for  each  subse- 
quent insertion. 

Resolved,  That  the  number  of  the  jour- 
nal ordered  in  pamxDhlet  form  be  twenty- 
five  hundred  copies. 

Besolved,  That  the  ofiicial  proceedings  be 
published  in  the  foUoA^-ing  additional  news- 
papers, viz:  The  Kew Orleans  Eepublican, 
the  Homer  Hiad,  the  Louisiana  Intelli- 
gencer, the  St.  Landry  Progress,  the  Ger- 
man Gaze'te  and  the  Iberville  Pioneer;  to 
be  paid  the  same  rates  as  the  Ofiicial  Printer. 

Mr.  Tinchant,  of  Orleans,  moved  that 
the  report  be  received  and  the  resolutions 
acted  upon  seriatim.  Adopted. 

Mr.  Bonseigneur,  of  Orleans,  moved  to 
amend  resolution  1st  by  striking  out  1000 
and  inserting  200. 

Mr.  Blackbiu'D,  of  Claiborne,  moved  to 
iimend  by  inserting  500  in  i^lace  of  200, 


]  which  was  accepted  by  the  mover  of  the 
I  original  amendment. 

i  Mr.  Cooley,  of  Point  Coui^ee,  offered  the 
i  following  substitute : 

For  the  first  1000  copies,  $3  per  page, 
land  for  every  1000  coiDies  after  the  first 
j  1000  copies,  $1  50. 

Laid  on  the  table. 

And  the  amendment  of  Mr.  Bonseigneiu', 
of  Orleans,  was  adoi^ted. 

And  the  first  section  of  the  first  resolu- 
:  tion  reading  as  follows : 

j    R'-'Solvcd,    That  the   folloAving  rates  of 
'  compensation  be  allowed  the  Official  prin- 
j  ter  of  this  Convention,  viz : 
,    For  the  first  500  coi^ies  of  the  Jouimal  of 
i  the  Convention,  in  book  form,  printed  in 
bourgeois  type,  the  j)ages  to  be  of  the  usual 
size  of  such  work,  and  to  be  folded  and 
SI  itched  in  the  ordinary  style,  five  dollars; 
;  and  for  every  500  copies  after  the  first  500 
j  three  dollars  per  page;  and  in  the  same  pro- 
i  portion  for  fractions  of  500  coxDies. 
•    Was  adopted. 

i  The  second  section  of  the  first  resolution, 
!  as  follows : 

'  For  all  documents,  reports,  or  other  mat- 
ter other  than  the  Journal  of  the  Conven- 
:tion,  printed  in  book  or  2>amphlet  form, 
;  composed  in  bourgeois,  the  pages  to  be  of 
the  same  lengt]i  and  breadth  as  the  journal, 
five  dollars  per  page  for  the  first  two  hun- 
dred coiDies,  and  for  every  additional  two 
hundred  copies  three  dollars  i^er  page. 
Was  adopted. 

The  third  section  of  fii'st  resolution,  as 
follows : 

j  For  resolutions,  memorials  or  reports  of 
committees,  printed  on  foolscap  or  similar 
i  sized  paper,  composed  in  bourgeois  type, 
thirty-six  ems  A\ude  and  ninety-five  lines  in 
;  length,  for  the  first  two  hundred  coj^ies 
i  eight  dollars  per  page,  and  for  each  addi- 
1  tional  hundred  copies  four  dollars  per  page. 

j    Was  adopted. 

I  The  fourth  section  of  the  first  resolution, 
'  as  follows : 

For  all  matter  marked  "ofiicial,"  and 
'published  in  the  official  journal,  one  dollar 
!  per  square,  of  the  space  of  ten  agate  lines, 
I  for  the  first  insertion  ;  and  fifty  cents  for 
I  each  subsequent  insertion. 
I    Was  adopted. 

j    The  second  resolution  v>'as  read. 
I    Mr.    Tinchant,    of   Orleans,    moved  to 
.  amend  by  2500  co^^ies  of  the  jouimal  in 
;  French.    Laid  on  the  table. 


74 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  second  resolution,  as  foUows: 
Resolved,  That  the  number  of  the  journal 

ordered  in  x^^^iphlet  form  be  twenty-five 

hundred  copies. 
Was  adopted. 

Mr,  Belden  was  called  to  the  chair. 

The  third  resolution  was  read. 

Mr.  Waples,  of  Orleans,  moved  to  amend 
by  striking  out  allafter  the  word  "resolved," 
and  inserting  the  foUowdng: 

That  the  Constitution,  when  adopted, 
shall  be  xDublished  weekly  in  the  New  Or- 
leans Republican,  the  irlomer  Iliad,  the 
New  Orleans  Advocate,  the  Monroe  Louis- 
iana Intelligencer,  the  Madison  Journal  and 
the  Iber\ille  Pioneer  in  the  English  language ; 
in  the  New  Orleans  Tribune  and  the  St.  Lan- 
dry Progress  in  the  French  language;  and  in 
the  New  Orleans  German  Gazette  in  the  Ger- 
man language;  for  which  the  ]jroprietors 
shall  be  paid  respectively  the  usual  rates  of 
advertising,  not  to  exceed  one  dollar  per 
square  for  the  first  insertion  and  fifty  cents 
per  square  for  each  subsequent  insertion. 

Pending  the  consideration  of  which  the 
Convention,  at  4z%  o'clock,  adjourned  un- 
til to-morrow  at  11  o'clock  a.  m. 

A  true  coT)y  : 

WM.  YIGERS,  Secretary. 

EIGHTEENTH  DAY. 

New  Orleans,  Tuesday,  Dec.  17,  1867. 

The  Convention,  pursuant  to  adjourn- 
ment, met  at  11  o'clock. 

President  Taliaferro  in  the  chair. 

RoU  was  called  and  the  following  dele- 
gates answered  to  their  names : 

Resident  J.  G.  Tahaferro,  Messrs.  An- 
toine.  Baker,  Barret,  Bertonneau,  Blandin, 
Bonseigneur,  Bonnefoi,  Burrel,  Butler, 
Cooley,  Crane,  Crawford,  Cromvv'ell,  Cuney, 
Dearing,  Demarest,  DeiDasseau,  P.  G.  Des- 
londe,  Donato,  Douglass,  Duparte,  Dupart, 
Duplessis,  Edwards,  Esnard,  Francois, 
Ferguson,  Gair,  Gardiner,  Gould,  Gui- 
chard.  Harper,  Harrison,  Harris,  Hemj)- 
stead,  Hiestand,  Ingraham,  T.  Isabelle, 
Jackson,  Jones,  Kelso,  Landers,  Lange, 
Leroy,  R,  Le^is,  Ludeling,  Lynch,  Marie, 
Martin,  Massicot,  Meadows,  McMi'lan, 
Moses,  Mushaway,  Myers,  Newsham,  Oliver, 
Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Reese,  Riard,  Riggs, 
Roberts,  Rodriguez,  Schwab,  Smith,  Snaer, 
Scott,  Snider,  Steele,  Thibaut,  Tinchant, 
T-witchell,  Undervv-ood,  Yalfroit,  Yander- 
griff,  Yidal,  Waples,  Wickliffe,  Williams, 
Wilson — 85  members  present. 


The  journal  of  the  preceding  day  "v^ 
read  and  adopted.  i 

ORIGINAL  RESOLUTIONS. 

By  Mr.  Smith,  of  Orleans : 

Whereas,  Under  the  authority  of  t; 
Military  bill,  this  Convention  assembl 
for  the  express  xDurpose  of  framing  a  cons 
tution  granting  equpJ  rights  and  privilee 
to  all  citizens  without  regard  of  race,  coJ 
or  previous  condition;  and 

Whereas,  It  has  made  little  or  no  pi 
gress  in  the  great  work  for  which  it  cc 
vened,  thereby  endangering  liberties  ai 
interests  of  the  newly  enfranchised  race, 
well  as  the  agricultural  and  commercial  \ 
terest  of  the  State;  therefore,  be  it 

Resolved,  That  the  Constitution  of  18 
be  so  amended  in  title  9,  as  to  read:  "1 
person  shall  be  ehgible  for  the  office 
Governar  or  Lieutenant  Governor  w' 
shall  not  have  attained  the  age  of  tweni 
five  years,  and  been  a  resident  citizen  of  t 
State  of  Louisiana  four  years." 

Title  4,  article  95,  after  "free  suffrag 
insert  '  'without  regard  to  race,  color  or  p: 
vious  condition,"  and  in  title  11,  article  L 
insert  the  words  '  'A\T.tliout  regard  to  ra( 
color  or  previous  condition." 

Referred  to  Committee  on  Draft  of  t 
Constitution. 

By  Mr.  Hiestand,  of  Natchitoches : 

Art.  — .  All  laAvs  suspending  the  coll< 
tion  of  taxes,  whether  State,  parochial 
municipal,  are  abrogated.  No  law  sh 
ever  be  passed  authorizing  a  suspension 
taxation  on  any  property  in  this  State,  ( 
cept  such  as  may  be  rendered  valueless.  T 
owner,  by  the  hapx^eniug  of  some  physr 
calamity,  in  which  case  the  Legislature  sh 
designate  by  law  the  i^articular  place 
district  in  which  the  property  so  exemptp^ 
is  situated.  Nor  shall  such  exemption  cc 
tinue  for  a  longer  period  than  one  y( 
after  such  physical  calamity  shall  he 
ceased. 

Art.  — .  Taxation  shall  be  equal  and  u: 
form  throughout  the  State.  AU  prope] 
on  which  taxes  shall  be  levied  in  this  Stj 
shall  be  taxed  in  proportion  to  its  value, 
be  ascertained  as  directed  by  law.  No  o 
species  of  property  shall  be  taxed  higl 
than  any  other  species  of  property  of  eqi 
value,  on  which  taxes  shall  be  levied.  T 
Legislature  shaU  have  power  to  levy  an 
come  tax  and  to  tax  aU  persons  pursui 
any  occupation,  trade  or  profession, 
property  shall  ever  be  exempt  from  ta: 
tion,  except  such  as  is  in  actual  necessf 
use  for  religious  or  charitable  purposes. 

Art.  — .  No  law  shall  be  passed  exem; 
ing  any  i^erson  from  ser  ving  on  juxj  or 
the  militia,  except  such  as  are  under 


JOUENAi:.  OF  THE  CONSTITUTIO^^AL  CO^-^^EKTIOK 


e  the  age  fixed  by  law.  Sucli  as  are  in 
ictual  emi3loyment  of  the  State,  or  a 
chial  or  municipal  corporation,  or  ofiS.- 
ng  ministers  or  priests  of  religions  so- 
ss. 

T.  — .  Xor  corporation  created  for  re- 
us or  charitable  ^^nrposes  shall  be  per- 
3d  to  o^Yll  real  estate,  beyond  what  is 
5sary  for  the  transaction  of  its  ordina- 
isiness. 

f erred  to  Committee  on  G-eneral  Pro- 
as. 

Mr.  Jones,  of  Orleans  : 
EEEEAS,  The  initiative  has  been  taken 
atabiish  a  national    systt-m  of  cheap 
ht  railways,  nndt-r  the    authority  of 
jovernrnt-nt  of  the  United  States,  in 

dance  ^^uth  the  principles  and  plan 
lined  in  bills  now  pending  in  CongTess, 
.t  having  been  reasonably  demonstrated 
the  following  results  are  attainable, 

Under  the  im^Droved  plan  tenfold 
ht  power  can  be  achieved  over  the  . 
le-track  railway  as  now  managed.  | 
Freights  by  rail,  on  the  average,  may  j 
duced  to  one  third  or  less  of  X3resent : 
^es. 

..  By  the  adoption  of  the  proposed  plan, 
mnection  with  a  steady  and  careful 
y  on  the  part  of  the  Xational  G-overn- 
•,  as  much  could  be  saved  annually  in 
xpenses  of  the  people  as  the  yearly 
est  of  the  national  debt  anir.uiitr-  to. 
'.  The  adoption  and  cr)b-umm:ition 
ich  national  sy.-tem  would  result  in  the  ' 
ion  of  from  three  to  five  thou-and  mil-  ^ 

of  taxable  property.  ! 

That  the  arterial  trunk  railways  pro-  \ 
i  would  so  invigorate  the  j^^^^sent  rail- ' 
system  of  the  United  States  as  to  add  ; 
e  present  lines  an  average  of  twenty-  j 
oer  cent,  to  their  financial  value.  ! 

.  That  the  production  of  the  United 
;s,  through  this  agencj  for  increased : 
lopment  of  the  resources  of  the  coun-  i 
vould  be  doubled  in  the  coui-se  of  a  few  i 
>;  therefore, 

solved,  That  this  Convention  approves 
Qovement  now  being  made  in  Congress, 
ving  it  to  be  of  the  utmost  importance 
e  whole  people  of  the  United  States. 
solved,  That  it  be  and  is  recommended 
e  people  of  Louisiana,  of  every  party, 
and  color,  to  come  to  the  aid  of  this 
:  movement,  believing  that  not  only 
state  of  Louisiana,  but  the  whole  South- 
states  are  more  interested  in  the  estab- 
lent  of  a  Xational  system  of  cheap 
ht  railways  than  in  all  other  material 
;ures  heretofore  demised;  and 
HEEEAS,  The  establishment  of  a  na- 
il system  of  railways  '"by  the  people 


and  for  the  people,"  to  be  predicated  on 
the  broadest  scale  of  poiDuLar  advantage, 
may  rec^uire  the  aid  of  the  natiomd  power 
in  finance,  as  well  as  that  of  the  individual 
States  in  combination;  it  is  further 

jResoIved,  That  it  should  be  the  first  care 
of  every  State  to  maintain  its  ^^'^i-blic  credit 
and  public  faith  inviolate,  while  the  people 
of  every  State  should  ir-ist  upon  the  main- 
tenance of  the  x^'^b  die  i-dth  and  credit  of 
the  Xational  Government. 

B^^olcpd.  That  these  resolutions,  after- 
passage,  l^e  engrossed,  and  a  copy  trans- 
mitted to  each  House  of  Congress. 

Lies  over. 

IMr.  Jones  moved  that  100  coi^ies  be 
printed.  Adopted. 

3Ir.  Tinchant,  of  Orleans,  moved  that 
in  order  to  sijeedily  complete  its  labors, 
this  Convention  will  hold  night  sessions 
and  assemble  every  evening  at  seven  o'clock 

p.  M. 

Mr.   Cromwell,  of  Orleans,  moved  to  lay 
on  the  table.  Adopted. 
By  Mr.  Steele,  of  Tensas: 

"W'heeeas.  There  are  loyal  men  in  this 
State  who  have  assisted  in  reconstruction, 
l3ut  who  are  disfranchised  imder  the  Ee- 
construction  bill,  and 

"^ernEKEAS,  Congress  has  provided,  upon 
prc'per  representation,  for  the  removal  of 
di>abilities  in  such  cases:  therefore,  be  it 

Re.<o?ced,  That  a  special  committee,  to 
consist  of  five  members,  shall  be  appointed 
by  the  President,  whose  duty  it  shall  be  to 
receive  from  the  dilierent  members,  and  re- 
port to  this  Convention,  the  names  of  such 
loyal  men  in  this  State  as  are  disfranchised, 
that  the  Convention  may  memorialize  Con- 
gTess, asking  for  the  removal  of  disabilities 
in  such  cases. 

Lies  over. 

By  Mr.  Butler,  of  St.  Helena  : 

Whereas,  Large  amounts  of  land  have 
been  entered  by  non-residents  and  others  in 
the  different  piarishes  of  the  State  which,  for 
want  of  registration  and  survey,  have  escap- 
ed taxation;  it  is  therefore 

Resolved,  That  laws  shoul^l  be  so  made  as 
to  require  that  every  j^t'i'^on  owning  or 
claiming  land  in  this  vState  shall  have  the 
same  surveyed  and  the  boundaries  thereof 
plainly  defined  and  his  title  duly  recorded 
in  the  parish  where  the  same  is  situated, 
vithin  a  reasonable  time  after  entry  or  pur- 
chase, on  priin  of  forfeiture  to  the  State. 

Resolced,  That  it  shall  be  made  the  duty 
of  assessors  to  assess  nil  lands  in  their  re- 
spective parishes  vhich  shah  have  been 
.  se^Darated  from  the  public  domain  by  actual 


76 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


rule,  hj  sucli  description  as  shall  clearly  de- 
fine tlie  land  so  assessed. 
Lies  over. 

EEPOKTS  OF  STANDING  COMMITTEES. 

The  Committee  on  Ordinance  and  Sche- 
dule, by  its  chairman,  Mr.  "Waples,  submit- 
ted the  following  report : 
To  the  Preaident  of  the  Convention: 

We,  the  committee  appointed  to  draft 
the  schedule  and  ordinance,  respectfully 
reiDort  the  following: 

TITLE — SCHEDULE . 


trary  to  this  Constitution,  and  the  s 
duties  be  i^erformed  by  the  respectr 
cers  until  the  organization  of  the  g 
ment  under  this  Constitution. 

Akt.  4.  The  Legislature  shall  prov: 
the  removal  of  causes  now  pending 
courts  of  this  State  to  courts  created 
under  this  Constitution. 

ORDINANCE. 

Aeticle  1.  Immediately  upon  tl 
journment  of  this  Convention,  this  < 
tution  shall  be  submitted  for  ratificai 
the  registered  voters  of  the  State,  i] 
formity  to  the  act  of  Congress  e 
"An  act  to  provide  for  the  more  e 
government  of  the  rebel  States,"  a'  ^• 
acts  su^Dplementary  thereto.  !  ai 

Aet.  2.  After  the  Constitution  shaj  e; 
been  ratified,  the  President  of  the  C 
tion,  or,  in  case  of  his  death  or  abser; 

chairman  of  Committee  on   j  ii 

immediately  give  notice  of  the  ratilj  ^ 
thereof,  and  order  an  election  of  all  t  | 
officers  under  this   Constitution,  ' 
place  within  tinrty  days  thereafter. 
diately  after  the  ratification  of  this 
tution,  the  President  of  the  Con^i  ,1 
shall  appoint  one  registrar  in  each 
and  one  in  each  district  of  the  pa! 
Orleans,  who  shall,  each  in  his  pj| 
district,  appoint  commissioners  to  h 
first  election  under  this  Constitutioi 

Respectfully  submitted,  ^ 
RuFus  Waples,  Chair 
S.  Belden,  w 
Jno.  L.  Baeeet,  1 
Jno.  T.  Liideling,  ! 
T.  S.  Ceaweoed, 
J.  P.  Newsham,  \' 

W.  H.  COOLEY. 

And  moved  to  print  200  copies 
refer  the  report  immediately  to  Coi  ^.^ 
on  Draft  of  Constitution.    Adopted  r  ; 

Mr.  Waples  also  reported  adverse  h 
the  resolutions  of  Mr.  Wicklifi'e,  of  (  ^J* 
referred  to  the  committee  abrogal 
civil  law,  and  substituting  the  comn  |, 
of  England  instead  thereof. 

Committee  on  Enrollment  sul  r 
through  Mr.  Yandergriff,  chairm  J^. 
following  rej^ort:  j,; 

The  Committee  on  Enrollment  j  t 
fully  report  that  the  ordinance  to  . ' 
means  to  defray  the  expenses  of  tJ  '"^^ 
vention  of  the  State  of  Louisiana.!  t ; 
issue  of  bonds  of  the  State  for  $300,  (j 
ing  eight  per  cent,  interest  per  an]  i;, 
to  provide  for  the  redemption  of  sai  ig ; 
has  been  duly  enrolled.  Also,  the  ijs 
tive  to  sx^ecial  committee  on  co  in^ 
with  parties  proposing  to  loan  mon<| 


Aeticle  1.  The  ordinance  of  secession  of 
the  State  of  Louisiana,  passed  26th  January, 

1861,  is  hereby  declared  to  be  null  and 
void.  The  Constitution  adopted  in  1864, 
and  all  previous  constitutions  in  the  btate 
of  Louisiana,  are  declared  to  be  superseded 
by  this  Constitution. 

Aet.  2  All  rights,  actions,  jDrosecutions, 
claims,  contracts,  and  all  laws  in  force  at 
the  time  of  the  adoption  of  this  Constitu- 
tion, and  not  inconsistent  therewith,  shall 
continue,  as  if  the  same  had  not  been 
adopted.  All  judgments  and  judicial  sales, 
marriages  and  executed  contracts,  made  in 
good  faith  and  in  accordance  with  existing 
laws  in  this  State,  rendered,  made,  or  en- 
tered into  between  the  26th  January,  1861, 
and  the  date  when  this  Constitution  shall 
be  adojDted,  are  hereby  declared  to  be  vahd, 
except  the  following: 

"An  act  to  authorize  the  widening  of  the 
New  Canal  and  Basin,"  approved  March 
14th,  1867. 

'  'An  act  to  amend  and  re-enact  the  121st 
section  of  an  act  entitled  'An  act  relative  to 
crimes  and  offences,'"  aj^proved  Decem- 
ber 20,  1865. 

'  'An  act  for  the  punishment  of  persons 
for  tampering  Avith,  persuading  or  enticing 
away,  harboring,  feeding  or  secreting  la- 
borers, servants  or  apprentices,"  approved 
December  21,  1865. 

'  'An  act  to  punish,  in  certain  cases,  the 
employers  of  laborers  and  aj^prentices, " 
approved  December  21,  1865. 

"An  act  to  postpone  all  seizures  for  city 
taxes,"  certified  16th  March,  1866. 

"An  act  in  relation  to  exemption  from 
State,  pari^  and  city  taxes  for  the  years 

1862,  1863,  ^64  and  1865,  in  certain  cases," 
certified  16th  March,  1866. 

"An  act  granting  ferry  privileges  to  C. 
K.  Marshall,  his  heirs  or  assigns,"  ap- 
proved March  16,  1867. 

"An  act  to  authorize  the  Board  of  Levee 
Commissioners,  of  the  levee  district  in  the 
parishes  of  Madison  and  Carroll,  to  issue 
bonds,"  etc.,  etc.,  approved  March  28,  1867. 

Aet.  3.  The  laws  relative  to  the  duties  of 
officers  shall  remain  in  force,  though  con- 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION, 


Newsliam,  fixing  per  diem,  com-  ■ 
on  and  mileage  of   tlie  Louisiana 
tutional  ConveDtion  members.  That 
Wickliffe  antliorizing  the  President ' 
Convention  to  issue  warrants  on  the 
rer  of  this  State,  and  that  offered  by : 
ehleU;  fixing  the  p^^r  diem  of   the  j 
ition.  I 
es  of  the  foregoing  have  been  trans- ' 
to  the  Seeretarv  and   Treasiu'er  of 
ate.  I 
ch  %vas  received.  i 
mittee  on  Printing — No  report.  I 
mittee   on   Contingent  Exx3enses — i 
ss.  I 
mittee  on  Draft  of  the  Constitution — , 

^  !SS,  I 

rxrrsTSHED  btszsxss.  i 
rex:)ort  of  the  Committee  on  Printing 
ken  up,  the  last  resolution  thereof ; 
Ir.  Waples'  substitute,  being  under  ■ 
eration,  and  ]\Ir.  "Waples  haAung  the 

Underwood,  of  St.  James,  moved  to  I 
I  amendment  of  !Mr.  Waples  on  the 

ayes  and  nays  were  ordered.  \ 
Secretary  j^roceeded  to  call  the  roll  i 
he  follo^Wng  result — ayes  39,  nays  36  : 
Baker.  Belden.  Blackburn.  Brown,  i 
,  Cromwell,  Lonato,  Dupart,  Eran-  j 
Tail',  Harper,  Hempstead,  E.  H.  Isa- ' 

Jackson.  Jones.  Lange.  I\Ieadows. 
3,  Moses,  Murrel.  Newsham.   Oliver,  , 
Ird,  Pierce,  Pollard,  Eeao-an.  Eeese, 
^J.,  Smith,  Snaer,  Scott.  Thibaut.  Tin- 
Twitchell,  Underwood,  Tidal,  Wick- 
^l^ilson— 39.  ; 
i'B  :  Antoine,     Barret,     Bertonneau,  ' 
^in,  Bonseigneur,    Bonnefoi,  Butler,  | 
^f,  Crane,  Crawford,  Demarest,  P.  G-.  ; 
Jade,    Gustave    Duparte,  Duplessis, 
A,  Guichard,  Harris,  Harrison,  Tlios. 
jijle,  Landers,  J.  B.  Lewis,  Ludehng, 
;i,    McMillan,     Mushaway,  Myers, 
,^iback,  Poindexter,    Eiard',  Roberts, 
'  iguez,  Snider,  Steele,  Talfroit,  Waples, 
^ims— 36. 

jl  the  motion  to  table  was  adopted. 

I  Wickliffe,  of  Orleans,  moved  to 
^^.i  the  resolution  reported  by  the  Com- 

3  on  Printing,  as  follows  :  I 
Mved,  That  the  Oflicial  Joiu-nal  of' 
s  Convention  be  pubHslied  in  the  fol- 

g  additional  jDai^ers,  viz :   In  the  New  , 

II  ns  Republican.   Homer    Iliad,  New! 
:ns  Advocate,  Iberville   Pioneer  and 
icfiana  Intehio-eucer,   in  the  English  |_ 


I  language;  in  the  St.  Landry  Progress,  in 
I  the  Erench  language,  and  in  the  New  Or- 
I  leans  German  Gazette,  in  the  German 
language.  Said  jommal  to  be  taken  from 
the  otfiicial  organ  of  this  Convention,  and 
the  proprietors  of  said  papers  to  be  paid 
the  same  rates  of  advertising  as  is  allowed 
the  Official  Printer  of  this  Convention; 
Provided,  That  copies  of  said  papers  con- 
taining all  said  joiumal  and  the  Constitu- 
tion as  a  whole,  be  fiu'nished  the  chairman 
of  the  Committee  on  Printing;  and  Pro- 
vided  fi'Ttli'^r,  That  the  iiroprietors  of  said 
papers  shall  be  allovs-ed  warrants  on  the 
Treasui-er  of  the  State  for  the  work  thus 
performed  as  in  other  cases  made  and  x^ro- 
^ided. 

Mr  Bertonneau.  of  Orleans,  movecl  to  lay 
the  amendment  and  the  original  resolution 
on  the  table. 

The  ayes  and  nays  were  ordered. 
The  Secretary  called  the  roU  with  the 
folloA^ing  result — ayes  38,  nays  -46  : 

Ayes  :  Messrs.  Antoine,  BaiTet.  Berton- 
neau, Blandin,  Bonseigneur,  Bonnefoi, 
Butler,  Cooley,  Crane.  Crawford.  Cuney, 
Dearing,  Demarest,  Douglass,  Duparte, 
Dupart,  Duplessis.  Esnard,  Gould,  Gui- 
chard, Harris,  Harrison,  Thos.  Isabelle, 
Landers,  J.  B.  Levris,  Ludeiing,  L'\Tich, 
McMillan.  Moses,  Mushaway,  Myers, 
Riggs,  Rodriguez,  Snider.  Tinchant,  Tal- 
froit, T'aples,  Henderson — 3S. 

Nays  :  Messrs.  Baker.  Belden,  Blackburn, 
Brov,-n.  Burrd.  Cromwell.  Deslonde.  Donato, 
Erancois.  Eerguson.  Gair.  Gardiner.  Har- 
per, Hempstead.  Hiestand,  Ingrahani.  R. 
H.  Isabelle,  Jackson.  Jones,  Kelso.  Lange, 
Leroy.  Massicot,  Meadov>-s,  Morris,  Mur- 
rell,  Newsham.  Oliver,  Packard,  Pierce, 
Poindexter.  Pollard.  Reagan,  Reese,  Riard, 
Roberts,  Schwab.  Smith,  Snaer,  Scott, 
Thibaut,  Tvyitchell  Underwood,  Tidal, 
Wickliffe  and  Wilson — 16. 

And  the  motion  to  lay  on  the  table  was 
lost. 

Mr.  Waples  moved,  and  his  motion  was 
seconded,  that  the  resolution  be  postponed 
and  made  the  special  order  at  1  o'clock  on 
Wednesday. 

Mr.  Blackbm-n,  of  Claiborne,  chairman 
of  the  Committee  on  Printing,  in  behalf  of 
the  committee,  accepted  the  amendment 
of  Mr.  Wickhfte  in  the  place  of  the  original 
resolution  as  reported  by  the  committee. 

Mr.  Wickhffe,  of  Orleans,  moved  to  adopt 
the  resolution  as  amended. 

The  ayes  and  nays  were  ordered,  ^"ith  th© 


JOUEl^^AL  OF  THE  CONSTITUTIONAIi  CONVENTION. 


78 

following  result — ayes  46,  nays  34 — as  fol- 
lows : 

Yeas  :  Baker,  Blackburn,  Brown,  Burrel, 
Butler,  Cromwell,  Cuney,  Donato,  Dupart, 
Francois,  Ferguson,  Gair,  Gardiner,  Har- 
per, Hempstead,  Hiestand,  Ingraliam,  K. 
H.  Isabelle,  Jackson,  Jones,  Leroy,  Mas- 
sicot., Meadows,  McLeran,  Morris,  Moses, 
Murrel,  Newsliam,  Oliver,  Packard,  Pierce, 
Poindextor,  Pollaid,  Seagan,  Eeese,  Eiggs, 
Schwiib,  Smith,  Scott,  Tliibaut,  TwitcheU, 
Underwood,  Vidal,  Wickiilie,  Williams, 
Wilson— 46. 

Nays  :  Antoine,  Barret,  Belden,  Berton- 
neau,  Blandin,  Bonseigneur,  Bonnefoi, 
Cooley,  Crane,  Crawford,  Demarest,  Dou- 
glass, Duparte,  Esnard,  Guichard,  Harris. 
Harrison,  Thomas  Isabelle,  Kelso,  Landers, 
Lewis,  Ludeling,  Lynch,  McMillan,  Mush- 
away,  Myers,  Eoberts,  Eodriguez,  Snider, 
Steele,  Tinchant,  Yalfroit,  Waples  and  Du- 
plessis — 34. 

And  the  resolution,  as  amended,  and  read- 
ing as  foUows  : 

Resolved,  That  the  Official  Journal  of  this 
Convention  be  published  in  the  following 
additional  T)apers,  viz :  In  the  New  Orleans 
Eepublican,  Homer  Iliad,  New  Orleans 
Advocate,  Iberville  Pioneer  and  Louisiana 
Intelligencer,  in  the  English  language;  in 
the  St.  Landry  Progress,  in  the  French  lan- 
guage, and  in  the  New  Orleans  German 
Gazette,  in  the  German  language.  Said 
journal  to  be  taken  by  said  papers  from  the 
official  report  as  published  in  the  official 
organ  of  this  Convention,  and  the  proprie- 
tors of  said  papers  to  be  paid  the  same 
rates  of  advertising  as  is  allowed  the  Official 
Printer  of  this  Convention;  Provided, 
That  copies  of  said  papers  containing  all 
said  journal,  and  the  Constitution  as  a 
whole,  be  furnished  the  chairman  of  the 
Committee  on  Printing;  and  Provided fur- 
ilier,  that  the  proprietors  of  said  papers 
shall  be  allowed  warrants  on  the  Treasurer 
of  the  State  for  the  work  thus  performed, 
as  in  other  cases  made  and  provided. 

Was  adopted. 

Mr.  Wickliffe,  of  Orleans,  moved  that  the 
resolutions  reported  by  the  Committee  on 
Printing  as  severally  amended,  be  adopted 
as  a  whole;  and  the  resolutions,  as  a  whole, 
and  reading  as  follows,  were  adopted: 

Resolved,  That  the  following  rates  of 
compensation  be  allowed  the  Official  Prin- 
ter of  this  Convention,  viz : 

For  the  first  500  copies  of  the  Journal  of 
the  Convention,  in  book  form,  r)rinted  in 
bourgeois  type,  the  pages  to  be  of  the  usual 
size  of  such  work,  and  to  be  folded  and 
stitched  in  the  ordinary  style,  five  dollars ; 


and  for  every  500  copies  after  the  fir 
three  dollars  pei-  page;  and  in  the  sam^ 
portion  for  fractions  of  500  copies. 

For  all  documents,  reports,  or  other 
ter  other  than  the  Journal  of  the  Con-v 
tion,  printed  in  book  or  pamxohlet  fo: 
composed  in  bourgeois,  the  pages  to  b( 
the  same  length  and  breadth  as  the  jouri 
live  dollars  j)er  page  for  the  first  two  ! 
dred  copies,  and  for  every  additional 
hundred  coijies  three  dollars  jjer  page. 

For  resolutions,  memorials  or  reports 
committees,  printed  on  foolscap  or  sim 
sized  paper,  composed  in  bourgeois  tj 
thirty-six  ems  wide  and  ninety-five 
in  length,  for  the  first  two  hundred  co] 
eight  dollars  jDer  page,  and  for  each  a! 
tional  hundred  copies  four  dollars  per  p? 

For  all    matter  marked  "official 
published  in  the  official  journal,  one  do 
per  square,  of  the  space  of  ten  agate  li] 
for  the  first  insertion,  and  fifty  cents 
each  subsequent  insertion.  • 

Resolved,  That  the  number  of  the  jou] 
ordered  in  pamj)hlet  form  be  twenty- 
hundred  copies. 

Resolved,  That  the  Official  Journal  of 
Convention  be  pubHshed  in  the  follo"\^ 
additional  papers,  viz  :  In  the  New  Orle 
Eepublican,  Homer  Iliad,  New  Ork 
Advocate,  Iber\iUe  Pioneer  and  Louisi 
Intellj.gencer,  in  the  Enghsh  language 
the  St.  Landry  Progress,  in  the  French 
guage,  and  in  the  New  Orleans  Gen 
Gazette,  in  the  German  language, 
journal  to  be  taken  by  said  papers  from 
official  rejDort,  as  published  in  the  offi 
organ  of  this  Convention,  and  the  prop 
tors  of  said  papers  to  be  paid  the 
rates  of  advertising  as  is  allowed  the  Offi 
Printer  of  this  Convention  ;  Provl 
That  copies  of  said  jjapers  containing 
said  journal,  and  the  Constitution 
whole,  be  furnished  the  chairman  of 
Committee  on  Printing  ;  and  Provided j 
tJier,  That  the  proprietors  of  said  pa] 
shall  be  allowed,  warrants  on  the  Treasi 
of  the  State  for  the  work  thus  perf orn 
as  in  other  cases  made  and  provided. 

On  motion  of    Mr.   Cooley,  of  P' 
Coupee,  the  Convention   adjourned  n|ii 
to-morrow  at  12  o'clock  m. 

A  true  copy. 

WM.  VIGEES,  Secretar; 

NINETEENTH  DAY. 
New  Obleans,  Wednesday,  Dec.  18, 1 
The  Convention,  at  12  o'clock  m.  ,  was  ca 

to  order  by  President  J.  G.  Taliaferro. 
The  following  delegates  answered  to  t 

names: 


JOUBNAIi  OF  THE  CONSTITUTIONAL  CON-^TENTION. 


79 


ddent  J.  G.  Taliaferro,  Messrs.  An- 
Barret,    Bertonneau,  Blackburn, 
m,  Bonseigneur,  Bonnefoi,  Brown, 

I.  Butler,  Cooley  Crane,  Crawford, 
yell,  Cimey,  Bearing,  Demarest,  De- 

II,  P.  G-/ ]3eslonde,  .Jos,  Deslonde, 
J,  Douglass,  Duparte,  Dupart,  Du- 

sis,  Esnard,  Francois,  Ferguson.  G-air, 
diner.  Gould,  Guicliard.  tiarper,  Har- 
Earrison,  Hempstead.  Hi.^sta;Lld,  Ingra- 
R.  H.  Isabelle,  Thos.  IsabtrHe,  Jack- 
Jones,  Kelso,  Landers,  Lange,  Lerov, 


3.  L 


S.  Lewis,  Ludeling,  IMarie, 


tin,    Massicot.    ^Meadows,  McLeran, 
ris,  Moses.  3Iusliaway,   Myers,  New- 
a,  Oliver,  Packard,  Pierce,  Pincliback, 
idexter.  Pollard,  Eeagan,  Reese,  Riard, 
^■s,  Roberts,  Rodriguez.  Snaer.  Scott, 
ler,  Steele,  Thibjiut,    Tincdiant,  Twit- 
UnderAvood,  Yalfroit,  randergrift*, 
3les,  Yucklifle,    "WiUianis,  Yv'ilson — S5 
ibers  present, 
ayer  by  Rev.  Josiali  Fisk. 
he  minutes  were  read. 
.*.  Y'ai^les,  of  Orleans,  desired  tlie  min- 
to  be  corrected  by  the  insertion  of  a 
ion  made  by  liim  and  seconded  to  post- 
3  tlie  consideration  of  resolution  of  Mr. 
kliffe,  and  make  it  tiie  sj)ecial  order  of 
day  for  to-morrow,  wMcli  was  done, 
the  minutes  as  corrected  were  adopted. 

OKIGIXAL  EESOnrTIOXS. 

y  Mr.  Blackbiu'n,  of  Claiborne  : 
^HEEEAS,  The  funds  appropriated  for 
various  charitable  institutions,  the  in- 
st  due  by  the  State  on  her  bonds,  and 
requisite  expenses  for  the  State  Gov- 
neut  will  expire  on  the  olst  day  of  Pe- 
ber,  lJ!^U7.  And.  it  being  absolutely 
ssary  that  legislative  action  be  taken  in 
rence  to  these  matters,  and  others  in- 
ing  the  honor  and  prospt-rity  of  the 
e,  and  as  no  General  Assemljly  of  the 
e  can  properly  be  convened  in  time  to 
t  the  exigencies  ;  be  it  therefore 
esolved,  That  a  committee  of  three  mem- 
.  of  this  Convention,  and  two  citizens, 
members  of  this  Convention,  be  ap- 
ited  by  the  President  to  proceed  at  once 
vVashington  and  i3etition  Congress  to 
in  tliis  Convention  legislative  authority 
powers,  so  that  the  necessary  approinia- 
'  s  may  be  made  for  the  general  expenses 
he  State  for  the  year  ending  the  31st 
of  December,  1868,  and  for  other 
poses  appertaining  to  the  welfare  and 
iperity  of  the  State;  Provided,  That 
legislation  of  the  Convention  shall  be 
iccordance  ^uth  the  provisions  of  the 
e  Constitution  of  1864. 
x.  Blackbiu'n  requested  permission  to 


read  a  wi'itten  statement  of  his  reasons 
therefor,  which  was  granted.    Lies  over. 
By  Mr.  R.  H.  IsabeUe,  of  Orleans: 
ARTICLE  1.  The  citizens  of  the  city  of 
New  Orleans  .shall  have  the  right  of  appoint- 
ing the  several  x^ubhc  officers  necessary  for 
the  administration  of  the  pohce  of  said  city, 
pursuant  to  the  mode  of  elections,  which 
shall  be  provided  by  the  Legislature;  Pro- 
rhe  Mayor  and  Recorders  shall 
to  a  seat  in  the  General  Assem- 
bly, and  the  Mayor  and.  Recorders  shall  be 
commissioned  by  the  Governor  as  justices 
of  the  peace,  and  the  Legislature  may  vest 
in  them  such  criminal  jurisdiction  as  may 
be  necessary  for  the  x^iinishment  of  minor 
Oiienses,  and  as  the  police  and  good  of  said 
city  may  require. 

I    Aet.  2.  The  city  of  New  Orleans  shall 
maintain  a  police  force  which  shall  be  uni- 
formed at  the  expenses  of  said  city,  to  con- 
sist of  x^ei'nianent  citizens  of  the  State  of 
Louisiana,  to  be  selected  by  the  Mayor  of 
said  city  and  to  hold  office  during  good  be- 
I  ha%-ior  and  only  removable  by  a  police 
I  commission  to  be  api3ointed  by  the  Gov- 
I  ernor  of  the  State  for  the  term  of  two  years, 
I  at  a  salary  not  less  than  nine  hundred  dol- 
\  lars  per  annum.     A    majority  of  whom 
I  shall  remove  for  delinquencies,  members  of 
the  police,  when  removed  shall  not  again  be 
I  ehgible  to  any  position  on  the  police  for  a 
]  term  of  one  year;  Provided,    That  all  offi- 
j  ces  connected    ■with  the  police  shall  be 
'vacant  tliitiy  days  after  the    election  of 
Mayor  on  or  after  the  adoption  of  this  Con- 
stitution. 

i  Aet.  3.  Interfeiing  or  meddling  in  any 
manner,  except  the  right  of  being  a  candi- 
dute  or  votiuj^,  v»ili  be  suiricient  cause  for 
instant  dismissal  from  the  x^^Kce  bv  the 
Board. 

I  Aet.  — .  The  various  officers  shaU.  receive 
\  a  salary  not  less  than  the  foUov*ing  rates, 
'viz: 

The  Chief  of  PoHce,  8250  per  month;  the 
Captains  of  Pohce,  8180  per  month;  Lien- 
j  tenants,  S15U  per  month;  Sergeants,  §125; 
Corporals,  .^110  per  month;  Privates,  day 
and  night,  SIOO. 

All  of  the  above  mentioned  officers  shaU 
give  good  and  solvent  security  as  the  law 
may  direct  for  the  faithful  jDerformance  of 
their  duties. 

Aet.  4.  In  case  of  riot  or  insurrection  the 
Governor  shall  have  power  to  order  or  as- 
sume command  of  the  police  of  the  said 
city,  for  police  or  military  duty,  as  the 
emergencies  may  require,  not  exceeding  fif- 
teen days  at  any  one  time. 

Lies  over. 

By  Mr.  Wickliffe,  of  Orleans: 


80 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


Resolved,  That  we  respectfully  petition 
Congress  to  pass  a  law  requiring  all  United 
States  Marshals,  in  all  cases  of  the  sale  of 
real  or  immovable  i^roperty  in  the  States 
lately  in  rebellion,  to  be  ordered  by  the 
decisions  of  any  United  States  court  within 
the  said  States,  to  have  all  such  lands  sur- 
veyed and  divided  into  tracts  of  not  more 
than  one  hundred  and  sixty  acres,  and 
allowing  no  person,  firm,  association,  com- 
pany or  corporation  to  purchase  more  than 
one  of  said  tracts  of  one  hundred  and  sixty 
acres  at  any  one  sale. 

Resolved,  That  a  cojjy  of  this  resolution 
be  forwarded  by  the  Secretary  of  this  Con- 
vention to  the  President  of  the  United 
States  and  the  Speaker  of  the  U.  S.  House 
of  Representatives. 

By  Mr.  Waples,  of  Orleans: 

Resolved,  That  a  committee  of  three  be 
appointed  by  the  President  to  inquire  into 
and  report  to  the  Convention  the  amount 
of  expenditure  this  Convention  is  incurring 
for  printiDg. 

Lies  over. 

By  Mr.  Eeagan,  of  East  Baton  Rouge : 

Resolved,  That  we  disioense  with  the  draft 
of  the  Constitution  until  each  report  of 
standing  cemmittees  shall  have  been  taken 
up  and  finally  disposed  of. 

Resolved  f  urther,  That  immediately  after 
any  report  shall  have  been  agreed  upon  as 
a  part  of  the  Constitution,  the  same  shall 
be  referred  to  the  Committee  on  Draft  of 
the  Constitution. 

Lies  over. 

Mr.  "Waples,  of  Orleans,  moved  to  take 
up  his  resolution  and  i^ut  it  ujjon  its  final 
jDassage. 

The  chair  decided  that  under  the  rules  it 
should  lie  over. 

Mr.  Waples,  of  Orleans,  moved  that  the 
chair  appoint  a  committee  of  tliree  to  in- 
quire and  report  to  the  Convention  what 
amount  the  Convention  is  now  expending 
for  printing. 

Mr.  Wickliffe,  of  Orleans,  moved  to 
amend  by  requesting  the  Committee  on 
Printing  to  furnish  the  required  infor- 
mation. 

Mr.  Waples,  of  Orleans,  raised  the  point 
of  order  that  the  amendment,  being  not 
germain  to  the  subject  matter  of  the  orig- 
inal motion,  was  not  in  order. 

And  the  chair  so  ruled. 

Mr.Newsham,  of  West  Feliciana,  moved  to 
]ay  the  motion  and  amendment  on  the  table. 


The  ayes  and  nays  were  ordered  and  caUe( 
with  the  following  result — ayes  55,  nays  34j 
as  follows  :  : 

Yeas  :  Baker,  Blackburn,  Bonseigneur 
Brown,  Burrel,  Cromwell,  Cuney,  Demaresll 
P.  G.  Deslonde,  Jos.  Deslonde,  Donate 
Douglass,  U.  Dupart,  Francois,  Gair,  Gardi 
ner,  Guichard,  Harper,  Hampstead,  Hies 
tand,  Ing^"aham,  R.  H.  Isabelle,  JacksoD 
Jones,  Lange,  Leroy,  J.  B.  Lewis,  R.  Lewis 
Marie,  Massicot,  Meadows,  McLeran,  Moi 
ris,  Murrel,  Moses,  Newsham,  Olivei 
Packard,  Pierce,  Pinchback,  Poindextei 
Pollard,  Reagan,  Reese,  Riard,  Riggs 
Schwab,  Smith,  Snaer,  Scott,  Thibaul 
Tinchant,  Valfroit,  Wickliffe,  Wilson— 5f 

Nays  :  Messrs.  Antoine,  Barret,  Beldef 
Bertonneau,  Blandin,  Bonnefoi,  Butlei 
Cooley,  Crane,  Crawford,  Dearing,  Depaj: 
seau,  G.  Duparte,  Dux^lessis,  Esnard,  Fei 
guson,  Harris,  Harrison,  Thomas  Isabella 
Kelso,  Landers,  Ludeling,  Martin,  McMi 
Ian,  Mushaway,  Myers,  Roberts,  Rodrigue: 
Snider,  Steele,  Underwood,  Vandergrif 
Waples,  Williams — 34. 

And  the  motion  to  table  prevailed. 

Mr.  Bertonneau,  of  Orleans,  moved  th{ 
the  Committee  on  Contingent  Expenses  li 
instructed  to  furnish,  as  early  as  possible, 
detailed  account  of  expenses  incurred  I 
this  Convention,  up  to  this  date.  Adopte 

Mr.  Cooley,  chairman  of  the  Committ^ 
on  Draft  of  the  Constitution,  in  behalf  < 
the  Committee,  requested  the  Conventio 
to  appoint  a  clerk  for  the  committee.  i 

Mr.  Jones,  of  Orleans,  raised  a  point  < 
order,  that  under  the  rules  a  clerk  was  s 
lowed  to  each  standing  committee,  and  tl 
chair  so  ruled. 

Mr.  R.  H.  Isabelle,  of  Orleans,  mov( 
that  when  the  Convention  adjourn  it  ai 
journ  to  meet  this  evening  at  six  o'clo{ 
p.  M. 

Pending  the  consideration  of  which,  t] 
Convention,  on  motion  of  Mr.  Ludelin 
of  Ouachita,  adjourned  until  to-morrc 
at  12  o'clock  M. 

A  true  copy  : 

WM.  VIGERS,  Secretary. 

TWENTIETH  DAY. 
New  Orleans,  Thursday,  Dec.  19,  1867 
The  Convention  met  pursuant  to  adjour 

ment  at  12  o'clock  m. 

The  President  took  the  chair  and  callj 

the  Convention  to  order.  I 


JOURNAIi  OF  THE  CONSTITUTIONAL,  CONVENTION. 


81 


The  roU  was  caUed  and  the  following 
members  answered  to  their  names : 

President  J.  Gr.  Taliaferro,  Messrs.  An- 
toine,  Barret,  Bertonnean,  Blandin,  Bon- 
seigneur,  Bonnefoi,  Brown,  Butler,  Cooley, 
Crane,  Cromwell,  Bearing,  Demarest,  De- 
passeau,  P.  G.  Deslonde,  Donato,  G,  Du- 
parte,  Dupart,  Duplessis,  Esnard,  Fran- 
cois, Fuller,  Gair,  Gardiner,  Gould,  Gui- 
chard,  Harris,  Harrison,  Heampstead, 
Hiestand,  Ingi-aham,  E.  H.  Isabelle,  Thos. 
Isabelle,  Jackson,  Jones,  Kelso,  Landers, 
Lange,  Leroy,  Lewis,  Ludeling,  Lynch, 
Marie,  Martin,  Massicot,  Meadows,  Mc- 
Leran,  Morris,  Mushaway,  Myers,  New- 
sham,  OHver,  Packard,  Pierce,  Pinch- 
back,  Poindexter,  Pollard,  Reagan,  Reese, 
Biard,  Roberts,  Riggs,  Rodriguez,  Schwab, 
Smith,  Snaer,  Scott,  Snider,  Steele,  Tlii- 
baut.  Underwood,  YandergTiff,  "Waples, 
Wickliffe,  Williams,  Wilson — 85  members 
present. 

The  Convention  was  opened  with  prayer 
by  the  Rev.  Josiah  Fisk. 
The  minutes  were  read  and  ado^^ted. 

ORIGINAIi  EESOLIJTIONS. 

By  Mr.  Smith,  of  Orleans: 
■  Whereas,  It  is  to  the  interest  of  the  peo- 
ple of  Louisiana  that  the  cultivable  lands 
of  this  State  should  be  more  eo/aitably  dis- 
tributed than  under  the  iDresent  system; 
therefore,  be  it 

Resolved,  That  the  Legislature  at  its  first 
session  after  the  ratification  of  this  Consti- 
tution be  and  is  empowered  and  instructed 
to  pass  an  act  or  acts  enabling  a  majority 
of  the  heirs  or  parties  interested  in  said 
landed  prox>erty,  by  petition  to  any  court 
of  competent  jurisdiction,  to  have  said 
property  divided  in  kind  among  said  heirs 
or  parties. 

Laid  over  under  the  rules. 

By  Mr.  Smith,  of  Orleans: 

Resolved,  That  any  amendment  or  amend- 
ments to  this  Constitution  may  be  proposed 
in  the  House  of  Representatives,  and  if  the 
same  be  agreed  to  by  a  majority  of  both 
Houses  the  said  amendments  shall  be  sub- 
mitted to  the  people  at  the  next  general 
election,  and  if  a  majority  of  the  voters  at 
said  election  shall  approve  and  ratify  such 
amendment  or  amendments,  the  same  shall 
become  part  of  the  Constitution.  If  more 
than  one  amendment  be  submitted  at  a  time 
they  shall  be  submitted  in  such  manner 
and  form  that  the  people  may  vote  for  or 
against  each  amendment  separately. 

Referred  to  Committee  on  Draft  of  Con- 
stitution. 

By  Mr.  Tinchant,  of  Orleans  : 
7 


Resolved,  That  no  member  shall  be  al- 
lowed more  than  two  minutes  to  explain 
his  vote  on  any  question  unless  by  special 
leave  of  the  Convention,  after  the  yeas  and 
nays  have  been  called  for. 

Lies  over. 

By  Mr.  Marie,  of  Terrebonne  : 

Whereas,  The  contracts  between  the 
freedmen  and  their  employers  will  expire 
at  the  end  of  the  present  month  ;  and 

Whereas,  Some  instructions  from  this 
Convention  to  the  laboring  classes,  apprais- 
ing them  of  their  rights  and  duties,  and 
giving  them  useful  advice  would  without 
doing  injury  to  the  employers,  greatly  bene- 
fit the  freedmen  ;  therefore,  be  it 

Resolved,  That  a  committee  of  five  be  ap- 
j)ointed,  whose  duty  shall  be  to  draft  an 
address  to  the  people  of  Louisiana,  giving 
them  information  and  advice  in  regard  to 
the  best  means  of  securing  their  rights  and 
protecting  their  interests;  belt  further 

Resolved,  That  copies  of  said  address  to 
the  people  of  Louisiana  be  printed,  to  wit: 
—  coi3ies  in  English,  and  —  copies  in 
French. 

Br.  Mr.  Morris,  of  Ascension: 

Be  it  enacted  hy  the  Convention,  That  it 
shall  not  be  la^^ul  to  live  in  adultery  and 
fornication  in  this  State. 

Resolved,  That  this  shall  be  an  article  in 
the  Constitution  of  Louisiana. 

By  Mr.  Antoine,  of  Caddo  : 

Resolved,  That  each  member  of  this  Con- 
vention submits  the  name  of  all  persons 
^\T.thin  their  respective  parishes  disfran- 
chised by  Congress,  who  have  accepted  in 
good  faith  and  urged  the  adoption  of  the 
present  Congressional  plan  of  reconstruc- 
tion. 

Resolved,  That  the  names  of  all  such  per- 
sons be  forwarded  to  Congress  as  worthy  of 
being  excepted  from  disfranchisement,  pro- 
vided no  person  whose  name  may  be  thus 
submitted  shall  be  forwarded  to  Congress 
until  it  shaU  be  indorsed  by  this  Conven- 
tion by  yeas  and  nays  taken  thereon. 

Laid  on  the  table  subject  to  call. 

By  Mr.  Bui'rel,  of  St.  John  the  Baptist' 

Resolved,  That  the  commissioners  oi 
election  who  presided  at  the  different  elec-* 
tion  precincts  throughout  this  State  on  tha 
27th  and  28th  of  September,  1867,  be  al^ 
lowed  the  sum  of  eight  doUars  ($8)  pet 
diem,  the  same  to  be  paid  on  the  certificate 
of  the  chairman  of  the  Board  of  Registrar i 
of  the  respective  parishes. 

Laid  over  under  the  rules. 

Mr.  Belden,  of  Orleans,  moved  to  sus- 
pend the  rules  to  pass  the  resolution  to  its 
second  rep.ding.  AdoiDted. 


m  jouBKAL  oi'  THE  gohbt: 

Mr.  Crawford,  of  Caldwell,    moyed  to  - 

rMTjend  br  F:-  :dkiiig  cut  eiglit  dollai'S  and  in- 

Mr.  Oooiey,  of  Point  Coupee,  offered  the 
f-'j'llo  vring  amendmeiit : 

J  at  each  parish  in  the  State  be  required 
n^r.  cciainissionera  of  election  ap- 
h.^    V  the  military  authorities 
.       ;l  :     cl.'  tioDSof  the  27th  and  28th 
Beptember,  1867. 

Mr.  Eeagan,  of  Eo.st 'Baton  Eouge,  offered 
ilio  following  amendment  : 

Mesolved,  That  commissioners  and  clerks 
'©f  election  held  on  the  27th  and  28th  of 
S-eptember,  1867,  be  allowed  the  same  per 
uie-m  as  members  of  this  Convention  ;  and 
-hat  said  commissioners  and  clerks  be  and 
hereby  instructed  to  present  bills  to 
the  commander  of  the  Fifth  Military  Di^- 
Izict  for  payment. 

.Mr.  Belden,  of  Orleans,  moved  to  lay 
flie  original  resolution  and  the  amendments 
<D2i  the  table  subject  to  call,  and  that  the 
saiair  appoint  a  committee  to  wait  upon  the 
Cammander  of  the  Eifth  Military  District, 
to  inquire  if  any  action  is  necessary  on  the 
-piLii  of  the  Convention  to  secure  the  pay- 
ment by  military  order  of  the  Commission- 
<e3rs  of  election,  and  to  report  to  the  Oon- 
^rention. 

Mr.  Wickliffe,  of  Orleans,  offered  the  fol- 
io-wing amendment  to  Mr.  Beiden's  mo- 
tion : 

That  a  committee  of  three  be  appointed 
to  wait  on  General  Hancock,  to  learn 
wliether  he  will  order  the  payment  of  the 
j.}e,r  diem  of  Commissioners  of  election  ap- 
pointed under  the  reconstruction  acts  of 
OongTess,  and  who  acted  in  this  State  in 
that  capacity  on  the  27th  and  28th  of  Sep- 
iember,  1867,  x^rovided  their  _2:>er  c?iew  be 
Dxedbythis  Convention. 

"Which  was  accepted  by  the  mover. 

TThe  question  was  put  upon  the  motion 
<of  Mr.  Belden  as  amended,  and  it  was 
,-aS.opted. 

.Mr.  Newsham,  of  West  Feliciana,  moved: 
That  the  Sergeant-at-Arms  be  instructed 
ik>  furnish  the  morning  x:)apers  to  each  mem- 
^€?r  of    the  Convention ;  Provided,  That 
ii©  member  shall  be  allowed  more  than  four 
^(afvers  daily. 
"Mr.  Xiynch,  of  Can-oil,  moved  to  amend 
pToviding  that  each  member  pay  for  his 
mni  papers. 

WickHffe,  of  Orleans,  moved  to  lay 


:itutiokaIj  oo^ye^tioh. 

I'on  the  table  the  motion  and  ameaidmeat. 
Adopted. 

By  Mr.  Bonseigneur,  of  Orleans: 
Hesolved,  That  it  shall  be  the  duty  of  the 
first  Legislature  convened  in  this  State 
after  the  adoption  of  this  Constitution  to 
ascertain  the  total  indebtedness  of  the 
State,  and  to  issue  bonds  therefor  having 
not  more  than  (40)  forty  years  to  run,  and 
bearing  tnterest  at  the  rate  of  (6)  six  per 
cent,  per  annum,  payable  in  United  Stat^ 
currency  at  maturit}^;  and  in  order  to  pro- 
vide for  the  prompt  payment  of  said  bonds 
at  maturity,  there  shall  be  annually  assessed 
and  collected  a  tax  of  two  (2)  mills  upon 
each  dollar's  worth  of  taxable  property,  ia 
addition  to  all  other  taxes,  to  be  applied  to 
the  redemption  of  said  bonds  at  maturity. 
Lies  over. 

BEPOET  OF  STA2TDING  OOMMTTTEBS. 

Committee  on  Enrollment — Progrees. 
Committee  on  Printing — No  report. 
Committee  on  Contingent  Expense®. — 
Progress. 

Committee  on  Draft  of  the  Oonistittitioil*— 
Progress. 

TJNFimSHlID  BUSINEj3a 

By  Mr.  Smith,  of  Orleans: 
Whereas,  There  has  been  no  committed 
appointed  to  investigate  the  city  charter 
New  Orleans;  and 

Wheeeas,  The  Legislature  of  1867  by  its 
enactments  passed  laws  depriving  loyal  citi- 
zens of  rights  clearly  enjoyed  under  the 
Constitution  of  the  United  States;  therefore, 
be  it 

Rep,olved,  That  a  com_mittee  of  nine  be 
appointed  by  the  chair,  to  be  knov/n  as  a 
Committee  on  City  Charter,  whose  duty  it 
shall  be  to  examine  said  charter  and  report 
to  the  Convention  the  changes  deemed 
necessary  to  secure  the  equal  rights  of  all 
citizens  of  said  city,  -without  regard  to  race, 
color  or  previous  condition. 
Mr.  Smith  moved  to  adopt. 
Mr.  Bertonneau,  of  Orleans,  moved  to 
lay  on  the  table.  Adopted. 
By  Mr.  WickHffe,  of  Orleans  : 
Resolved,  That  we  respectfully  petition 
Congress  to  pass  a  law  requiring  all  United 
States  Marshals  in  all  cases  of  the  sale  of 
real  or  immovable  property  in  the  States 
lately  in  rebellion,  to  be  ordered  by  the  de* 
cisions  of  any  United  States  court  within 
the  said  States,  to  have  all  such  lands  sur- 
veyed and  divided  into  tracts  of  not  more 
than  one  hundred  and  sixty  acres,  and 
allowing  no  person,  firm,  association,  com- 
pany, or  corporation,   to  purchase  more 


JOUBSAIj  OE  the  OONSTITUTIOKAIi  OOFYEKTIOir. 


tiian  one  of  said  ferac'ts  of  one  hundxed  and  ]  clerk,  the  oommitt^  had  worked  tintii  4i 
mity  acreis  at  anr  one  sale,  !  o'clock  this  morning,  but  were  not  jet  qnii^ 

Resolved.  That  a  copy  of  this  resolntion  !  ^^.^^^^^^  ^^^^^  ^x^^^.  ^^^^^^  and  ?-sk(>i  leave 

«/hich  wa-s  granted 


]>3  for^^arded  by  the  Secretciry  of  this  C^^ 
vention  to  the  i^resident  of  the  Senate  and 
Speaker  of  the  United  States   House  of 
Bepr  esentatiyee . 

Mr.  Wickliflfe,  of  Orleans,  moved  to 
adopt. 

Mr.  Cromwell,  of  Orleans,  offerred  the 
following  amendment: 

Xot  more  than  one  hundred  acres  nor  less 
than  five. 

Which  was  accepted,  and  the  rexolution  i 
as  amended  was  adopted. 

On  motion  of  Mr.  Bertonneau,  of  Or- 
leans, the  Convention  adjourned  until  to- 
morrow at  12  o'clock, 

A  true  <x)py  : 

WM,  TIGEES,  Secretary. 

TWENTY-FIRST  DAT. 

2^BW  Obucaks,  Friday,  Dec.  2-0,  1867. 

The  Convention  met  at  12  o'clock  m., 
pursuant  to  adjournment. 

The  President,  J.  G.  Taliaferro,  c^ed 
the  Convention  to  order. 

The  roU  was  called  and  the  follomng 
members  answered  to  their  names : 

Messrs.  Taliaferro,  Antoine,  Baker,  Bar- 
ret, Blackburn,  Biandin,  Bonseigneur, 
Bonnefoi,  Brown,  Burrel,  Bntler,  Cooley, 
Crane,  Crawford.  Cromwell,  Cuney,  Dea.r- 
ing,  Demareet,  "  :  ^i,  P.  G.  Deslonde, 
Donato,  DougL-  iparte,  U.  Dupart, 

D uplessis,  E Jl  '  ,  _  .  E-^^nard ,  Fran- 
cois, Gair,  Gar  lh;  r.  , ;  aicli'ird.  Harper, 
Harris,    Harrisxjn,   Hrinpstead,  Hiestand, 


to  retire  to  complete  it, 
OKiGiXAi;  rr.- 
ByMr.  Smith,  of  i,... 
Whereas,  Under  the 
ter,  a  larg*^  class  of  the  1 
city  of  X ew  Orleans,  by  i 
bv  the  last  Leo-islature 


lU.  Uijjll-- 

are  the] 
under 
States 


:t  City  ChaJ- 
tizens  of  the 
-:  t  J  aw  passed. 
Tcrby  depriv- 
the  Consti- 
therefore. 


Ingraham,  R.  H.  Isabelle,  Thos.  Lsabelle, 
Jackson,  Jones,  Kelso,  Landers,  Lange, 
Leroy,  J,  B.  Lewis,  R.  Lewis,  LudeKng, 
Lynch,  Marie,  Martin.  Massicot,  Meadows, 
McLeran,  McMillan,  Morris,  Moses,  Mush- 
away,  Myers,  Newsham,  Oliver,  Packard, 
Pierce,  Pinchback,  Poindexter,  PoRard, 
Reagan,  Reese,  Riard,  Riggs,  Roberts, 
Rodjriguez,  Smith,  Snaer,  Scott,  Snider, 
Steele,  Thibaut,  Tinchant,  Twitchell, 
Underwood,  Yalfroit,  Vandergriff,  Yidal, 
Waples,  Wickhffe,  Williams,  Wilson— 87 
members  present. 

The  Convention  was  opened  with  prayer 
lay  the  Rev.  Josiah  Fisk. 

The  minutes  were  read  and  adopted. 

Mr.  Cooley,  of  Point  Coupee,  Chairman 
of  the  Committee  on  Draft  of  the  Constitu- 


ed  of  their  vested  rights 
tution  of  the  United 
belt 

Resolved,  That  a  committee  of  seven  be 
appointed  by  the  chair,  to  be  known  as  a- 
I  Committee  on  City  Charter,  whose  duty  it 
shall  be  to  examine  said  charter  and  report 
I  to  this  Convention  the  changss  necessary  to 
secure  the  equal  rights  and  privileges  to  all 
citizens,  without  regard  to  race,  color  or 
previous  condition.  Lies  over  mider  the 
rules. 

By  Mr.  Burrel,  of  St.  John  the  BaptLsij 

Whekeas,  That  Sunday,  the  first  day  ot 
the  week,  is  set  apart  by  Christian  nations, 
as  a  day  of  rest  and  worship  to  Almighty 
God  ;  therefore,  be  it 

Resolved,  That  the  Legislature  of  thi* 
State  shall  pass  such  suitable  laws  as  will 
forbid  aU  secular  labor  on  the  Sabbath  daj 
as  well  as  to  prevent  the  indulgence  of  suck 
practice  as  tend  to  deprave  the  morals  of 
the  community,  that  pugilistic  encounters, 
gambling,  horse-racing  and  other  immoral 
practices  be  strictly  prohibited. 

Resolved,  That  the  parish  and  municipal 
authorities  of  this  State  held  liv  legislative 
enactments  be  strictly  responsible  under 
severe  penalties  for  the  enforcement  of 
cliese  Ltws.  Lies  over  under  the  rules. 
By  Mr.  Twitchell,  of  Biem-ille : 
Resolved,  Thax  members  be  hinited  to  t^fk 
minutes  of  time  in  all  speeches,  except  by 
permission  of  two  thirds  of  the  Conven* 
tion. 

Lies  over  under  the  rules. 

By  Mr.  Reagan,  of  East  Baton  Rouge: 

OBDINANCE    TO    BELIEVE    PrECHASEBS  OS* 
LAND  LLABLE  TO  CONFISCATION. 

Be  it  ordained  b2/ the  people  (jf  Louisiana  in 
Convention  assemhUd,  That  inaemuch  as  it 
has  come  to  the  knowledge  of  this  Conven- 
tion, that  many  good  and  loyal  citizens 
have,  in  good  faith,  purchased  land  in  thig 
State,  for  which  final  payment  has  not  yet 
been  made;  and  inasmuch  as  said  land,  by  fu- 
ture acts  of  Congress  maybe  liable  to  confis- 
cation, thereby  subjecting  the  purchasers  to- 
much  inconvenience  and  perhaps  great 
sacrifices.    All  executions  that  have  been 


tion,  reported  that  owing  to  the  want  of  a  1  or  hereafter  may  be  issued  upon  lands,  tlia 


JOUHNAIi  OF  THE  CONSTITUTIONAL  OONYENTION. 


title  of  -wbich  is  in  jeopardy  as  herein  above 
^escribed,  are  hereby  suspended  and  of  no 
effect,  when  competent  testimony  is  adduced 
an  any  court  having  jurisdiction,  proving 
Ihe  evidence  of  such  obstruction  to  title; 
Provided,  When  Congress  shall  have  re- 
moved the  difficulties  herein  provided  for, 
Ihe  meaning  and  intent  of  this  ordinance 
•will  cease,  and  its  provisions  bo  rendered 
3iull  and  void. 

Mr.  Beagan  moved  to  print  10^  copies  of 
iihe  resolution,  and  that  it  be  made  the 
special  order  for  Tuesday,  at  one  o'clock 

M. 

Mr.  Wickliffe,  of  Orleans,  moved  to  lay 
On  the  table  subject  to  call.  Adopted. 

The  President  announced  the  appoint- 
31ient  of  the  committee  to  wait  upon  Genera,^ 
Hancock  in  reference  to  the  subject  of  the 
pay  of  Commissioners  of  .Election,  as 
follows: 

Messrs.  Belden,  WickUffe  and  Berton- 
Jieau. 

Mr.  Wickliffe,  at  his  request,  v/as  excused 
from  serving  on  the  committee,  and  Mr. 
iBarret  appointed  in  his  place. 

Mr.  Barret,  at  his  request,  was  excused, 
Sfld  Mr.  Underwood  appointed  in  his  place. 

EEPOETS  OF  STANDING  COMMITTEES. 

Committee  on  Enrollment — Progress. 
Committee  on  Printing — No  report. 

UNFINISHED  BUSINESS. 

By  Mr.  Steele,  of  Tensas: 

Wheeeas,  There  are  loyal  men  in  this 
^tate  who  have  assisted  in  reconstruction, 
Jbut  who  are  disfranchised  under  the  Kecon- 
Struction  bill,  and 

Wheeeas,  Congress  has  provided  upon 
popular  representation  for  the  removal  of 
disabilities  in  such  cases;  therefore,  be  it 

Hesolved,  That  a  special  committee,  to 
eonsist  of  five  members,  shall  be  appointed 
3by  the  President,  whose  duty  it  shall  be  to 
receive  from  the  difierent  members  and  re- 
port to  this  Convention  the  names  of  such 
loyal  men  in  this  State  as  are  disfranchised, 
that  the  Convention  may  memorialize  Con- 
gress, asking  for  the  removal  of  disabilities 
in  such  cases. 

Mr.  Smith,  of  Orleans,  moved  to  amend 
J)j  inserting  the  words  '  'excepting  registered 
enemies."    Amendment  accepted. 

Mr.  Pinchback,  of  Orleans,  moved  to 
postpone  until  after  the  adoption  of  the 
Constitution. 


Mr.  K.  H.  Isabelle,  of  Orleans,  submit- 
ted the  following  amendment: 

Resolved,  That  a  committee  of  five  be  ap- 
pointed by  the  chair  to  ascertain  the  names 
of  widows  and  orphans  whose  husbands  and 
fathers  were  slain  in  the  Union  army  in  this 
State. 

The  whole  subject  was,  on  motion  of  Mr. 
Tinchant,  laid  on  the  table  subject  to  callc 
Mr.  Hempstead,  of  Assumption,  moved  to 
reconsider  the  vote  to  table. 

Mr.  Jones,  of  Orleans,  moved  to  lay  the 
motion  to  reconsider  on  the  table.  Adopted. 

Mr.  Cooley,  chairman  of  the  Committee 
on  Draft  of  the  Constitution,  submitted  the 
following  report  of  the  majority  of  the 
Committee  : 

We,  the  Committee  appointed  to  draft  a 
Constitution,  although  difi'ering  among 
ourselves  on  various  articles,  have  agreed 
upon  the  following  as  a  whole,  and  recom- 
mend its  adoption. 

EespecufuUy  submitted, 

W.  H.  Cooley,  Chairman  ; 
RuFus  Waples, 
T.  S.  Ceawfoed, 
J.  T.  Ludeling, 
W.  L.  McMillan. 

PEEAMBLE. 

We,  the  people  of  Louisiana,  in  order  to 
establish  justice,  insure  domestic  tranquil- 
ity, promote  the  general  welfare  and  secure 
the  blessings  of  liberty  to  ourselves  and  our 
prosperity,  do  ordain  and  establish  this 
Constitution  : 

title  i — bill  of  eights. 

Aeticle  1.  All  persons,  without  regard 
to  race,  color  or  previous  condition,  bom 
or  naturalized  in  the  United  States,  and 
inhabitants  of  this  State,  for  one  year,  are 
citizens  of  this  State.  They  shall  enjoy  the 
same  civil  and  political  rights  and  priv- 
ileges, and  be  subject  to  the  same  pains 
and  penalties. 

Art.  2.  There  shall  be  neither  slavery 
nor  involuntary  servitude  in  this  State, 
otherwise  than  for  the  punishment  of  crime, 
whereof  the  party  shall  have  been  duly 
convicted. 

Aet.  3.  The  press  shall  be  free  ;  every 
citizen  may  freely  speak,  write  and  publish 
his  sentiments  on  all  subjects,  being  respon- 
sible for  the  abuse  of  this  liberty. 

Aet.  4.  The  right  of  the  people  peace- 
ably to  assemble  and  to  petition  the  gov- 
ernment or  any  department  thereof,  shall 
never  be  abridged. 

Aet.  5.  Prosecutions  shall  be  by  indict- 
ment or  information.  The  accused  shall  be 
entitled  to  a  speedy  public  trial  by  an  im- 


JOURNAL  OF  THE  CONSTITUTIOXAIj  CONVENTION. 


SB 


partial  jury  of  the  parish  in  -vrhich  the  of- 
fense was  committed,  unless  the  venue  be 
changed.  He  shall  not  be  compelled  to 
give  evidence  against  liimself;  he  shall 
have  the  right  of  being  heard  by  himsel: 
or  counsel;  he  shall  have  the  right  of 
meeting  the  -witnesses  face  to  face,  and 
shall  have  compulsory  jDrocess  for  obtain- 
ing vritnesses  in  Ms  favor.  He  shall  not  be 
tried  t^^ice  for  the  same  offense. 

Art.  6.  All  persons  shall  be  bailable  by 
suiiicient  secmities,  unle-s  for  capital  of- 
fenses where  the  proof  is  e^ddent  or  the 
presumption  great,  or  unless  after  convic- 
tion for  any  crime  or  offense  punishaljle 
with  death  or  imprisonment  at  hard  labor. 
The  privilege  of  the  writ  of  lialeo^-i  c/ri'  a 
shall  not  be  susi^ended. 

Ap.t.  7.  Excessive  bail  shall  not  be  re- 
quired, exces>iv>.'  Hues  shall  not  be  imposed, 
nor  ciTiel  or  uir  i^ual  j)unishments  inflicted. 

Art.  8.  The  right  of  the  i^eople  to  be 
secure  in  their  persons,  houses,  papers  and 
effects  against  um-easonable  searches  and 
seizures,  shall  not  be  violated  ;  and  no  war- 
rant shall  issue  but  upon  probable  cause, 
supported  by  oath  or  atririnaLion  and  parti- 
cularly describing  the  place  to  be  searched 
and  the  person  or  things  to  be  seized. 

Aet.  9.  All  coiurts  shall  be  0T)en  ;  and 
every  person,  for  an  injury  done  him  in  his 
land,  goods,  person  or  reputation,  shall  have 
adequate  remedy  by  due  process  of  law, 
and  justice  administered  without  denial  or 
unreasonable  delay. 

Aet.  10.  No  lavs-  shall  be  passed  regulat- 
ing labor  and  fixing  the  price  thereof. 

Art.  11.  Every  person  has  the  natural 
right  to  worship  God  according  to  the  dic- 
tates of  his  conscience.  No  religious  test 
shall  be  required  as  a  qualification  for 
office. 

Aet.  12.  The  rights  enumerated  in  this 
titL.  not  be  construeted  to  limit  or 

abridge  other  rights  of  the  people  not  here- 
in expressed. 

TITXE  n — LEGISEATIVE  DEPAETiEEXT. 

Aet.  13.  The  legislative  jDOwer  of  the 
State  shall  be  vested  in  two  distinct  branches. 
The  one  to  be  styled  "the  House  of  Repre- 
sentatives," the  other  "the  Senate,"  and 
both  "the  General  Assembly  of  the  State 
of  Louisiana." 

Aet.  14  The  members  of  the  House  of 
Representatives  shaU  continue  in  office  for 
two  years  from  the  day  of  the  closing  of 
the  general  election. 

Art.  1.5.  Representatives  shall  be  chosen 
on  the  first  Monday  in  November  every  two 
years,  and  the  election  shall  be  completed 
in  one  day.  The  General  Assembly  shaU 
meet  annually  on  the  first  Monday  in 
January,  unless  a  different  day  be  appointed 


!  by  law,  and  their  sessions  shall  be  held  afc 
the  seat  of  government. 

Art.  16.  Ev,>rv  elector,  under  this  Con- 

'  stitution,  s1e/_  \^ib]e  to  a  seat  in  the 

House  of  Ei-^  .     ^_  ,tive>,  and  every  elec- 

,  tor  who  has  reaehr  d  the  age  of  twentj- 

'  eight  years,  shall  be  eligible  to  the  Sfe-nate; 
P/'" That  no  jDerson  shall  be  a  repre- 
sentative or  senator,  unless  at  the  time  his 

I  election,  he  be  a  cpialined  elector  of  the 

j  representative  or  senatorial  district  from, 

j  which  he  is  elected. 

I    Aet.  17.  El':cTions  for  members  of  the 
'  General  Assembly  shah,  be  held  at  the  sey- 
1  eral  election  i^recints  established  by  law. 
I    Aet.  18.  Representation  in  the  House 
of   Representatives   shall   be   equal  and 
j  uniform,  and  shall  be  ascertained  and  reg- 
I  ulated  by  the  number  of  qualified  electors; 
i  each  j)arish  in  the  State  being  entitled  to 
I  at  least  one  Representative.    An  enumera- 
I  tion  of  the  qaalified  electors  of  this  State, 
i  by  the  State  antlK  irities,  shall  be  made  in 
1875,  and  every  ten  years  thereafter,  for 
the  i^urpose  of  ascertaining  the  total  popu- 
lation, as  well  as  the  nimiljer  of  qualified 
electors  in  each  parish  and  election  dis- 
trict; and  in  case  of  informality,  omission 
or  error,  in  the  census  returns  from  any 
:  ditrict,  the  Legislature  shaU   order  a  ne^r 
i  census  taken  in  such  parish  or  election  dis- 
! trict. 

I    Aet.  19.  At  tlie  first  session  of  the  Legig- 
j  lature,  after  tL  ' III;  king  of  each  enumera- 
tion, the  Legishi" ii'-i'  f- -1:111  apportion  the 
representation  amoi.ir.-':  the  several  parishes 
and  representative  district^,  on  the  basis  of 
cpialilied  electors  as  aiie'e  :  '1,    A  represen- 
\  tative  number   shall  be   nxed,    and  eacli 
i  parish  and  representative  district  shall  have 
as  many  Representative.^  as  the  aggi-egate 
numlier  of  its  electors  will  entitle  it  to  have, 
and  an  additional  Representative  for  any  frac- 
:  tion  exceeding  one  half  of  the  Representa- 
i  five  number.    The  number  of  Representa- 
j  fives  shall  never  exceed  one  hundred  and 
I  twenty,  nor  be  less  than  ninety. 
{    Aet.  20.  Entil  an  apxDortionment  shall  be 
,  made,  and  elections  held  under  the  same, 
I  in  accordance  with  the  first  enumeration  to 
!be  made  as  directed  in  Art.  No.  18,  the 
representation  in  the  Senate  and  House  of 
j  Representatives  shaU  be  as  follows: 
For  the  parish  oi  Orleans: 

!    First  Representative  District  2 

I     Second   2 

1     Third   ^ 

Fotirth         "   1 

i    Fifth  "   .2 

i    Sixth  "  "   1 

I    Seventh       "   2 

!     Eighth         "  "   1 

Ninth  "  "   1 

\    Tenth  "   ^ 


S6 


JOUMAL  OF  THE  OOTsfBTITOTIOIfAL  OOMTOTTIOM. 


Orleans,  right  bank  1 

Ascension  2 

Assumption.  2 

Avoyelles  2 

Baton  Rouge,  East  3 

Baton  Rouge,  West  1 

Bienville  1 

Bossier  2 

Caddo  3 

Calcasieu  1 

CaldweU  1 

CarroU  2 

Catahoula  1 

Claiborne  2 

Concordia  2 

DeSoto  2 

IFeKciana,  East  2 

Peliciana,  West  1 

Pranklin  1 

Iberville  2 

Jackson  1 

Jefferson  4 

Xiaf  ajette  1 

Xaf  ourciie  ,  2 

Xiivingston  1 

Madison  1 

Morehouse  1 

lS[atchitoche8  2 

Ouachita  2 

Plaquemine  1 

Point  Coupee  2 

Bapides  3 

Sabine  1 

St.  Bernard  1 

St.  Charles  1 

St.  Helena  1 

St  James  2 

St.  John  Baptist  1 

St.  Landry  4 

St.  Martin's   2 

St.  Mary's  3 

St.  Tammanj  1 

Tensaa  2 

Terrebonne  2 

Union  1 

TermiEion   .1 

"Washington  1 

Winn....  ...1 

Total  98 


And  th©  State  shall  be  divided  into  the 
following  senatorial  districts,  to--wit  : 

The  First,  Second  and  Third  Represen- 
tative Districts  of  New  Orleans  shall  form 
one  senatorial  district  and  elect  three  Sena- 
tors. 

The  Fourth,  Fifth  and  Sixth  Represen- 
tative Districts  of  New  Orleans  shall  form 
■one  district  and  elect  two  Senators. 

The  Seventh,  Eighth  and  Ninth  Repre- 
sentative District  of  New  Orleans  and  the 
parish  of  St.  Bernard  shall  form  one  dis- 
trict and  elect  two  Senators. 

The  Tenth  Representative   District  of 


New  Oileaas  shall  form  a  district  and  elect 
one  Senator. 

Orleans,  Right  Bank,  and  the  parish  of 
Plaquemine  shall  form  one  district  and 
elect  one  Senator. 

The  parishes  of  Jefferson,  St.  Charles 
and  St.  John  Baptist,  shall  form  one  district 
and  elect  two  Senators. 

The  parishes  of  Ascension  and  St.  James 
shall  form  one  district  and  elect  one  Sena- 
tor. 

The  parishes  of  Assumption,  Lafourche 
and  Terrebonne,  shall  form  one  district  and 
elect  two  Senators. 

The  parishes  of  Yermillion  and  St.  Mary 
shall  form  one  district  and  elect  one  Sena-  ; 
tor. 

The  parishes  of  Calcasieu,  Lafayette  and 
St.  Landry,  shall  form  one  district  and  elect 
two  Senators. 

The  parishes  of  Livingston,  St.  Helena, 
Washington  and  St.  Tammany  shall  form 
one  district  and  elect  ono  •enator. 

The  parishes  of  Point  Coupee,  Eaet 
Feliciana  and  West  Feliciana  shall  form  one 
district  and  elect  two  senators. 

The  parish  of  East  Baton  Rouge  shall 
form  one  district  and  elect  one  Senator. 

The  parishes  of  West  Baton  Rouge,  Iber- 
ville and  St.  Martin  shall  form  one  dis- 
trict and  elect  two  Senators.  ; 

The  parishes  of  Concordia  and  Avoyellos  ' 
shaU  form  one  district  and  elect  one  Sen- 
ator. 

The  parishes  of  Tensas  and  Franklin 
shall  form  one  district  and  elect  one  Sen-  ; 
ator. 

The  parishes  of  Carroll,  Madison  and 
Morehouse  shall  form  one  district  and  elect 
two  Senators, 

The  parishes  of  Ouachita  and  Caldwell 
shall  form  one  district  and  elect  one  Sena- 
tor. 

The  parishes  of  Jackson  and  Union  shall 
form  one  district  and  elect  one  Senator. 

The  parishes  of  Bossier,  Bienville  and 
Claiborne  shall  form  one  district  and  eleci 
two  Senators. 

The  parish  of  Caddo  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  DeSoto,  Natchitoches 
and  Sabine  shaU  form  one  district  and  elect 
two  Senators. 

The  parish  of  Rapides  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  Catahoula  and  Winn 
shall  form  one  district  and  elect  one  Sen- 
ator. 

Thirty-six  Senators  in  all. 

Aet.  20.  The  House  of  Representatives 
shall  choose  its  Speaker  and  other  officers. 

Aet.  21.  Electors,  in  aU  cases,  except 
treason,  felony  or  breach  of  the  peace, 
shall  be  privileged  from  arrest  during  their 


JOUKSAIi  OF  TEH  CONSTITUTIONAL  GGWfMWTJO^:. 


aitaadmoa  on,  goiiig  to  and  reiraming  fe'om 
aiectioBs. 

Abt.  22.  At  its  first  aession  under  this 
Constitution,  th®  General  Assembly  shall 
provide  bj  la\7  that  the  names  and  resi- 
dence of  all  qualifi&d  electors  shall  be 
regietered  in  order  to  entitle  them  to  Yote; 
but  the  registry  ghall  be  free  of  cost  to  the 
elector. 

Abt.  23.  2^0  person  shall  be  entitled  to 
Tote  at  any  election  held  in  this  State,  ex- 
cept in  the  parish  of  his  residence  and  at 
the  election  precinct  in  -which  he  is  regis- 
tered. 

A3T.  2ri.  The  members  of  the  Senate 
ihall  be  elected  for  the  term  of  four  years, 
and  Trhen  as8embl*d  the  Senate  shall  have 
po-vrer  to  choose  its  own  officers. 

Abt.  25.  The  General  Assemble  shall 
divide  the  State  into  senatorial  districts 
frhenerer  it  apportions  repre^ntation  in 
the  House  of  BepreeentatiYes. 

Abt.  26.  No  parish  shall  be  divided  in 
•ftiG  formation  of  a  senatorial  district,  the 
parish  of  Orleans  excepted;  and  whenever 
a  new  parish  be  created,  it  shall  be  attached 
to  the  senatorial  district  from  Yrhich  most 
of  its  territory  is  taken,  or  to  another  con- 
tiguous district,  at  tha  discretion  of  the 
General  Assembly,  but  shall  not  be  attached 
to  more  than  one  district.  The  number  of 
Senators  shall  be  thirty-six,  and  they  shall 
be  apportioned  among  the  senatorial  dis- 
tricts according  to  the  electoral  popula- 
tion of  said  districts. 

Abt.  27.  In  all  apportionments  of  the  Sen- 
ate, the  electorpJ  populfition  of  the  whole 
State  shaU  be  divided  by  the  number  thirty- 
six,  Liid  the  result  produced  by  this  division 
sl^dl  be  the  senatorial  ratio  entitling  a  sen- 
atorial district  to  a  Senator. 

Single  or  contiguous  x^arishes  shall  be 
formed  into  districts,  having  a  pox)ulation 
the  nearast  possible  to  the  number  entitling 
a  district  to  a  Senator;  and  if  the  aj^portion- ' 
MLQUi  to  make  a  parish  or  district  fall  short ! 
of  or  exceed  the  ratio,  then  a  district  may  i 
be  formed  having  not  more  than  two  Sen-  i 
ators:  but  not  otherwise.    No  new  appor-  i 
tionment  shall  have  the  effect  of  abridging 
^6  term  of  service  of  any  Senator  already  j 
Ejected  at  the  time  of  making  the  apx:>or- 1 
tionment.    After  an  enumeration  ha-s  been  { 
made  as  directed  in  the  19th  article,  the! 
Legislature  shall  not  pass  any  law  till  an } 
apportionment  of  re]3resentation  in  both! 
Houses  of  the  General  Assembly  be  made.  ' 

Art.  28.  At  the  fii'st  session  of  the  Gen- ! 
era!  Assembly,  after  this  Constitution  goes 
into  effect,  the  Senators  shall  be  divided 
equally,  by  lot,  into  two  classes;  the  seats  of  I 
the  Senators  of  the  first  class  to  be  vacated  I 
at  the  expiration  of  the  term  of  the  first  | 
House  of  Kepresentatives  ;  of  the  second  j 


ola^  at  the  expiration  o?  the  term  ci  %jX  ' 
second  House  of  E--:^      -itatives  ;  so  uhar 
one  half  shall  be  ^-ery  two  years 

successively.  Yrh^^i  c  -  ^i-trict  shall  have 
elected  two  Senators,  their  respective  terms 
of  office  shaU  be  determined  by  lot. 

Art.  29.  The  fii-st  election  for  Senators" 
shall  be  held  at  the  sanae  time  with  ih& 
election  for  Eepresentatitfe?  ;  and  there- 
after there  shall  be  elections  of  Senators  a.t 
the  same  time  Vrdth  earch  general  election  of 
Representatives,  to  fill  the  places  of  those 
Senators  whose  term  of  office  may  have  ex-" 
pired, 

Art.  30.  Not  less  than  a  majority  of 
the  members  of  each  House  of  the  General 
Assembly  shall  form  a  qBorum  to  transaet. 
businais  ;  but  &  smaller  number  may  ad- 
journ from  day  to  day,  and  shall  be  autkor— 
ized  to  compel  the  attendance  of  absent-  - 
members. 

Art.  31.   Each  House  of  the  General- 
Assembly  shall  judge  of  the  qualifications^ 
election  and  returns  of  its  members;  toit 
contested  election  shall  be  determined 
such  manner  as  may  be  prescribed  by  law. 

Art.  32.  Each  House  of  the  General  As- 
sembly may  determine  the  rules  of  its  pro- 
ceedings, punish  a  m.ember  for  disorderlj*- 
conduct,  and,  with  a  ccneurrence  of  two> 
thirds,  expel  a  member:  but  not  a  seeoncL 
time  for  the  same  offense. 

Art.  33.  Each  House  of  the  General  As^- 
sembly  shaU  keep  and  publish  weekly  ad- 
journal of  its  own  proceedings;  and  tlie 
yeas  and  nays  of  the  members  on  any  qu.es~~ 
tion,  at  the  desire  of  any  two  of  them.  shfilL 
be  entered  on  the  journal. 

Art.  34.  Each  House  may  pucish,  by  im- 
prisonment, any  person  not  a  member,  for 
disresx)ect  and  disorderly  behavior  in  its; 
presence,  or  for  obstructing  any  of  its  pro- 
ceedings; such  imprisonment  shall  not  ex- 
ceed ten  days  for  anv  one  offense. 

Art.  35.  Neither  fe^ouse  shall  adjourn  £ot- 
m«re  than  three  days,  nor  to  any  otheir 
placd  than  that  in  which  it  may  be  sitting-., 
during  the  sessions  of  the  General  Assem- 
bly, without  th®  consent  of  the  other. 

Art.  36.  The  members  of  the  General 
Assembly  shall  receiva  from  the  public 
treasury  a  comx)en3ation  for  their  services^ 
which  shall  be  eight  d©iLars  per  day  during 
their  attendance,  going  to  and  returning; 
from  the  sessions  of  their  respective  houses,- 
This  compensation  may  be  increased  or 
diminish  f'd  by  law,  but  no  alteration  shall 
take  er'r.r  during  the  period  of  service  o£ 
the  members  of  the  House  of  Kepresenta- 
tives by  which  such  alteration  shall  have 
been  made.  Xo  session  shall  extend  be- 
yond the  x^eriod  of  sixty  days,  to  date  froia^ 
its  commencement.  And  any  legislative- 
action  had  after  the  expiration  of  sai^ 


88 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


period  of  sixty  days  shall  be  mill  and  void; 
but  this  last  provision  shall  not  apply  to 
the  first  session  of  the  Legislature  that 
shall  convene  after  the  adoption  of  this 
Constitution. 

Art.  37.  The  members  of  the  General 
Assembly,  in  all  cases  except  treason,  fel- 
ony and  breach  of  the  -pence,  shall  be  pri- 
vileged from  arrest  during  their  attend- 
ance at  the  sessions  of  their  respective 
liouses,  and  going  to  or  returning  from  the 
same  ;  and  for  any  speech  or  debate  in 
either  house  shall  not  be  questioned  in  any 
other  place. 

Akt.  38.  No  Senator  or  Representative, 
during  the  term  for  which  he  was  elected, 
nor  for  one  year  thereafter,  shall  be  ap- 
pointed to  any  civil  office  of  profit  under 
this  State,  wdiich  shall  have  been  created 
or  the  emoluments  of  which  may  have  been 
increased  during  the  time  such  Senator  or 
Representative  was  in  office,  except  to  such 
offices  as  may  be  filled  by  an  election  by 
the  people. 

AiiT.  39.  No  person,  while  he  continues 
to  exercise  the  functions  of  a  clergyman  of 
any  religious  denomination  whatever,  shall 
he  eligible  to  the  General  Assembly. 

Akt.  40.  No  bill  shall  have  the  force  of  a 
law,  until,  on  three  several  days  it  be  read 
over  in  each  House  of  the  General  Assembly, 
and  free  discussion  allowed  thereon  ;  unless 
in  case  of  urgency,  four  fifths  of  the  house 
where  the  bill  is  pending,  may  deem  it  ex- 
pedient to  dispense  with  this  rule. 

Abt.  41.  All  bills  for  raising  revenue 
shall  originate  in  the  House  of  Represen- 
tatives ;  but  the  Senate  may  propose  amend- 
inents  as  in  other  bills  ;  Pi'ovided,  It  shall 
not  introduce  any  new  matter  under  the 
color  of  an  amendment,  which  does  not  re- 
late to  raising  revenue. 

Abt.  42.  The  General  Assembly  shall 
regulate  by  whom  and  in  what  manner, 
writs  of  election  shall  be  issued  to  fill  the 
Tacancies  which  may  occur  in  either  branch 
thereof. 

Akt.  43.  The  Senate  shall  vote  on  the 
confirmation  or  rejection  of  the  officers  to 
be  appointed  by  the  Governor  with  the 
advice  and  consent  of  the  Senate,  by  yeas 
and  nays;  and  the  names  of  the  Senators 
voting  for  and  against  the  appointments,  re- 
spectively, shall  be  entered  on  the  journals 
to  be  kept  for  the  purpose,  and  made  public 
on  or  before  the  end  of  each  session. 

Art.  44.  Returns  of  all  elections  for 
members  of  the  General  Assembly  shall  be 
made  to  the  Secretary  of  State. 

Ap^t.  45.  In  the  year  in  which  a  regular 
election  for  a  Senator  of  the  United  States 
is  to  take  place,  the  members  of  the  General 
Assembly  shall  meet  in  the  hall  of  the 
House  of  Representatives  on  the  second 


Monday  following  the  meeting  of  the  Legis-  ifl 
lature,  and  proceed  to  said  election.  ta 

if 

title  in — executive  depaetmbnt.  J| 

Abticle  46.  The  supreme  executive  j)ower  |  if 
of  the  State  shall  be  vested  in  a  Chief  Ma-  It 
gistrate,  who  shall  be  styled  the  Governor  er 
of  the  State  of  Louisiana.  He  shall  hold  bf 
his  office  during  the  term  of  four  years,  and,  T 
together  with  the  Lieutenant  Governor,  n 
chosen  for  the  same  term,  be  elected  as  fol-  si 
lows :  The  qualified  electors  for  representa-  I  I31 
tives  shall  vote  for  Governor  and  Lieutenant  I  ei 
Governor  at  the  time  and  place  of  voting  G 
for  representatives  ;  the  returns  of  every  ii 
election  shall  be  sealed  up  and  transmitted  fi 
by  the  proper  returning  officer  to  the 
Secretary  of  State,  who  shah  deliver  them  c 
to  the  Speaker  of  the  House  of  Representa-  1  8 
tives  on  the  second  day  of  the  session  of  the  !  s 
General  Assembly  then  to  be  holden.  The  j  \ 
members  of  the  General  Assembly  shall  !  i 
meet  in  the  House  of  Representatives  to 
examine  and  count  the  votes.  The  person.  I 
having  the  greatest  number  of  votes  for  |  [ 
Governor  shall  be  declared  duly  elected;  '  i 
but  in  case  of  a  tie  vote  between  two  or  fi 
more  candidates,  one  of  them  shall  imme-  i 
diately  be  chosen  Governor  by  joint  vote  of  1 
the  members  of  the  General  Assembly,  i 
The  person  having  the  greatest  number  |  i 
of  votes  polled  for  Lieutenant  Gov- 
ernor shall  be  Lieutenant  Governor ;  but  s 
in  case  of  a  tie  vote  between  two  or  more  j 
candidates,  one  of  them  shall  be  imme- 
diately chosen  Lieutenant  Governor  by  I  \ 
joint  vote  of  the  members  of  the  General  |  1 
Assembly.  ^     j  ' 

Abt.  47.  No  person  shall  be  eligibld'to  1  1 
the  office  of  Governor  or  Lieutenant  Gov-  |  ] 
ernor,  who  has  not  been  five  years  a  citizen 
of  the  United  States,  and  a  resident  of  this  ,  I 
State  two  years  next  preceding  his  election,  ;  j 
nor  shall  any  person  be  eligible  to  either  i  ! 
office,  who  has  not  attained  the  age  af  thir-  ; 
ty-five  years. 

Akt.  48.  The  Governor  shall  be  ineligible  ' 
for  the  succeeding  four  years  after  the  ex-  1 
piration  of  the  time  for  which  he  shall  have  1 
been  elected.  1 

Akt.  49.  The  Governor  shaU  enter  on  the 
discharge  of  his  duties  on  the  second  Mon-  1 
day  in  January  next  ensuing  his  election, 
and  shall  continue  in  office  until  the  Mon- 
day next  succeeding  the  day  that  his  suc- 
cessor shall  be  declared  duly  elected,  and 
shall  have  taken  the  oath  or  affirmation  re- 
quired by  the  Constitution. 

Abt.  50.  No  member  of  Congi-ess,  or  any 
person  holding  office  under  the  United 
States  Government,  shall  be  eligible  to  the 
office  of  Governor  or  Lieutenant  Governor. 

Akt.  51.  In  case  of  impeachment  of  the 
Governor,  his  removal  from  office,  death, 


JOUKNAL  OF  THE  CONSTITUTIONAI.  CONVENTION. 


89 


•  refusal  or  inability  to  qualify,  or  to  dis- 
charge tlie  powers  and  duties  of  of  his  of- 
fice, resignation  or  absence  from  the  State, 
the  powers  and  duties  of  the  office  shall 

^  devolve  upon  the  Lieutenant  Governor  for 

■  the  residue  of  the  term,  or  until  the  Gov- 
r  ernor,  absent  or  impeached,  shall  return  or 
J  be  acquitted,  or  the  disability  be  removed. 

I  The  Legislature  may  provide  by  law  for  the 
)  case  of  removal,  impeachment,  death,  re- 

■  signation,  disability  or  refusal  to  qualify,  of 

■  both  the  Governor  and  the  Lieutenant  Gov- 
^  ernor,  declaring  what  officer  shall  act  as 
)  Governor;  and  such  officer  shall  act  accord- 
f  ingly,  until  the  disability  be  removed,  or 
i  for  the  remainder  of  the  term. 

5  Aet.  52.  The  Lieutenant  Governor  or 
1  officer  dischargic.g  the  duties  of  Governor, 

•  shall  during  his  administration,  receive  the 
3  same  compensation  to  which  the  Grovernor 
s  would  have  been  entitled  had  he  continued 
1  in  office. 

Abt.  53.  The  Lieutenant  Governor  shall, 
by  virtue  of  his  office,  be  President  of  the 
Senate,  but  shall  only  vote  when  the  Senate 
is  equally  divided.  Whenever  he  shall 
administer  the  government,  or  shall  be  un- 
able to  attend  as  President  of  the  Senate, 
the  Senators  shall  elect  one  of  their  own 
members  as  President  of  the  Senate  for 
the  time  being. 

Aet.  54.  The  Governor  shall  receive  a 
salary  of  eight  thousand  dollars  per  annum, 
payable  quarterly,  on  his  own  warrant. 

Aet.  55.  While  acting  as  president  of  the 
Senate,  the  Lieutenant  Governor  shall  re- 
ceive for  his  service  the  same  compensation 
which  shall,  for  the  same  period,  be  al- 
lowed to  the  Speaker  of  the  House  of  Ee- 
presentatives,  and  no  more. 

Aet.  56.  The  Governor  shall  have  power 
to  grant  reprieves  for  all  offenses  against  the 
State,  and,  except  in  cases  of  impeachment, 
shall,  with  the  consent  of  the  Senate,  have 
power  to  grant  pardons,  remit  fines  and 
forfeitures,  after  con-vdction.  In  cases  of 
treason  he  may  grant  reprieves  until  the 
end  of  the  next  session  of  the  General  As- 

I  sembly,  in  which  the  power  of  pardoning 
i  shall  be  vested. 

I I  Aet.  57.  He  shall  be  Commander-in-Chief 
[of  the  mihtia  of  this  State,  except  when 

•  they  shall  be  called  into  the  service  of  the 
:  I  United  States. 

j  Aet.  58.  He  shall  nominate,  and,  by  and 
with  the  advice  and  consent  of  the  Senate, 
appoint  all  officers  whose  offices  are  es- 
tablished by  the  Constitution,  and  whose 
appointments  are  not  herein  otherwise  pro- 
vided for ;  Provided,  however,  that  the 
Legislature  shall  have  right  to  prescribe 
the  mode  of  appointment  to  all  other  offices 
established  by  lav>^. 

Aet.  59.  The  Governor  shall  have  power 


to  fill  vacancies  that  may  happen  during 
the  recess  of  the  Senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of 
the  next  session  thereof,  unless  otherwise 
provided  for  in  this  Constitution  ;  but  no 
IDcrson  who  has  been  nominated  for  office 
and  rejected  by  the  Senate,  shall  be  ap- 
pointed to  the  same  office,  during  the  recess 
of  the  Senate. 

Aet.  60.  He  may  requiro  information, 
in  writing,  from  the  officers  in  the  Execu- 
tive Department  upon  any  subject  re- 
lating to  the  duties  of  their  respective 
offices. 

Aet.  61.  He  shall,  from  time  to  time, 
give  to  the  General  Assembly  inforinatiou 
respecting  the  situation  of  the  State,  and 
recommend  to  their  consideration  such 
measures  as  he  may  deem  expedient. 

Aet.  62.  He  may,  on  extraordinary 
occasions,  convene  the  General  Assembly 
at  the  seat  of  Government,  or  at  a  different 
place  if  that  should  have  become  dangerous 
from  an  enemy  or  from  epidemic  ;  and  in 
case  of  disagreement  between  the  two 
Houses  as  to  the  time  of  adjournment,  he 
may  adjourn  them  to  such  time  as  he 
may  think  proper,  not  exceeding  four 
months. 

Aet.  63.  He  shall  take  care  that  the  laws 
be  faithfully  executed. 

Aet.  64.  Every  bill  which  shall  have 
passed  both  Houses  shall  be  presented  to 
the  Governor;  if  he  approve,  he  shall  sign 
it,  if  he  do  not,  he  shall  return  it  with  his 
objections  to  the  House  in  which  it  origin- 
ated, which  shall  enter  the  objections  at 
large  upon  its  journal,  and  proceed  to  re- 
consider it;  if,  after  such  reconsideration,  a 
majority  of  all  the  members  elected  to  that 
House  shall  agTee  to  pass  the  bill,  it  shall  be 
sent  mth  the  objections  to  the  other  House, 
by  which  it  shall  be  likewise  reconsidered,  and 
if  approved  by  a  majority  of  the  members 
elected  to  that  House,  it  shall  be  a  law  ; 
but  in  such  cases  the  vote  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and 
the  names  of  members  voting  for  or  against 
the  bill  shall  be  entered  on  the  journal  of 
each  House  respectively.  If  any  bill  shall 
not  be  returned  by  the  Governor  within 
five  days  after  it  shall  have  been  presented 
to  him,  it  shall  be  a  law  in  hke  manner  as 
if  he  had  signed  it ;  unless  the  General 
Assembly,  by  adjournment,  prevent  its  re- 
turn, in  which  case  the  said  bill  shall  be 
returned  on  the  first  day  of  the  meeting  of 
the  General  Assembly  after  the  expiration 
of  said  five  days,  or  be  a  law. 

AnT.  65.  Every  order,  resolution  or  vote, 
to  which  the  concurrence  of  both  houses 
may  be  necessary,  except  on  a  question  of 
adjournment,  shall  be  presented  to  the 
Governor,  and  before  it  shall  take  effect,  be 


to 


OOSSTITUTI-OHAL  COHTEHTIOM. 


s^'SoreS.  by  him,  or,  being  disapproYod, 
sii8.11  bo  repasaed  by  a  majority  of  tiie  mem- 
bers elected  to  each  house  of  the  General 
Assembly. 

Ajrt.  66.  There  shall  be  a  Secretary  of 
State,  who  shall  hold  his  office  during  the 
term  for  which  the  Governor  shall  have  been 
elected.  The  records  of  the  State  shall  be 
kept  and  preserved  in  the  office  of  the  Sec- 
retary ;  he  shall  keep  a  fair  register  of  the 
official  acts  and  proceedings  of  the  Gover- 
nor, and  when  necessary  shall  attest  them  ; 
lie  shall,  when  required,  lay  the  said  regis- 
ter, and  all  papers,  minutes  and  vouchers, 
relative  to  his  office,  before  either  House  of 
the  General  Assembly,  and  shall  perform 
gnch  other  duties  aa  may  be  enjoined  on 
Mm  by  law. 

AitT.  67.  There  shall  be  a  Treasurer  of 
the  State  and  an  Auditor  of  Public  Ac- 
<K)unts,  who  shall  hold  their  respective  of- 
fices during  the  term  of  four  years.  At  the 
first  election  under  this  Constitution,  the 
Treasurer  shall  be  elected  for  two  years. 

Abt.  68.  The  Secretary  of  State,  Treas- 
urer and  Auditor  of  Public  Accounts  shall 
be  elected  by  the  quahfied  electors  of  the 
State;  and  in  case  of  any  vacancy  caused 
by  the  resignation,  death  or  absence  of  the 
Secretary,  Treasurer  or  Auditor,  the  Gov- 
ernor shall  order  an  election  to  fill  said 
vacancies. 

Art.  69.  The  Treasurer  and  the  Auditor 
shall  receive  a  salary  of  five  thousand  dol- 
lars per  annum  each.  The  Secretary  of 
State  shall  receive  a  salary  of  three  thou- 
sand dollars  per  annum. 

^BT.  70.  All  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  State  of 
Louisiana,  and  shall  be  sealed  with  the  seal 
of  the  State,  signed  by  the  Governor  and 
countersigned  by  the  Secretary  of  State. 

TITIiB  IV — -JUDIGIABY  DEPAIiTMENT. 

AiiT.  71.  The  judicial  power  shall  be 
Tested  in  a  Supreme  Court,  in  district 
eourts,  in  parish  courts  and  in  Justices  of 
tjie  Peace. 

Abt.  72.  The  Supreme  Court,  except  in 
eaaes  hereinafter  jjrovided,  shall  have  ap- 
pelate jurisdiction  only  ;  which  jurisdiction 
shall  extend  to  all  cases  when  the  matter  in 
dispute  shall  exceed  five  hundred  dollars  ; 
and  to  all  cases  in  which  the  constitution- 
ality or  legahty  of  any  tax,  toll,  or  impost 
of  any  kind  or  nature  whatsoever,  shall  be 
in  contestation,  whatever  may  be  the 
amount  thereof  ;  and  Hkewise  to  all  fines, 
forfeitures,  and  penalties,  imposed  by 
municipal  corporations,  and  in  such  oases 
the  appeal  shall  be  direct  from  the  court  in 
which  the  case  originated  to  the  Supreme 
Court;  and  in  criminal  cases,  on  question  of 
law  only,   whenever  the  punishment  of 


death,  or  impmonmeiit  &ii  hard  labor  hti 
b(^n  inflicted,  or  when  fine  exceeding 
five  hundred  dollars  is  actually  imposed. 

Ajrt.  73.  The  SuiDreme  Court  shah  hi^^^, 
composed  of  one  Chief  Justice,  and  iou:r  '' 
Associate  Justices;    a  majority  of  when  I''' 
shall  constitute    a    quorum.    The  Chie 
Justice  shall  receive  a  salary  of  seven  then  \  ''^^ 
sand  five  hundred  dollars,  and  each  of  th<  ' 
Associate  Justices  a  salary  of  seven  thoTj 
sand  dollars,  annually,  payable  quarterly 
on  their  own  warrants.    The  Chief  Juetioi 
and  the  Associate  Justices  shall  be  appoint 
ed  by  the  Governor,  with  the  advice  aixi 
consent  of  the  Senate,  for  the  term  of  eigh 
years.    They  shall  be  citizens  of  the  Unite(  ' 
States,  and  shall  have  practiced  law  in  thi  [ 
State  five  years  before  their  appointmeni 
The  court  shall  appoint  its  own  clerks 
they  may  remove  them  at  pleasure. 

Art.  74.  The  Supreme  Court  shall  hol^ 
its  sessions  in  the  city  of  New  Orleani^ 
from  the  first  Monday  in  the  month  of  Nq 
vember  to  the  end  of  the  month  of  May 
The  Legislature  shall  have  power  to  & 
the  sessions  elsewhere  during  the  rest  O; 
the  year;  until  otherwise  provided,  iht 
sessions  shall  be  held  as  heretofore. 

Abt.  75.  The  Supreme  Court,  and  eauA 
of  the  judges  thereof,  shall  have  power  U 
issue  writs  of  habeas  corpus,  at  the  instano( 
of  all  persons  in  actual  custody,  in  all  casa 
when  they  may  have  appellate  jurisdiction, 

Art.  76.  No  judgment  shall  be  renderet 
by  the  Supreme  Court,  without  the  con 
currence  of  a  majority  of  the  judges  coni 
posing  the  court.  Whenever  the  majorit;; 
cannot  concur,  in  consequence  of  the  ra 
cusation  of  any  member  of  the  court,  thi 
judges  not  recused  shall  have  power  to  cal 
upon  any  judge  or  judges  of  the  distrio' 
courts,  whose  duty  it  shall  be,  when  m 
called  upon,  to  preside  in  tha  plase  of  tb< 
judge  or  judges  recused,  and  to  aid  in  d® 
termining  the  case. 

Abt.  77.  All  judges  fey  virtne  of  thel 
office,  shah,  be  conservators  of  the  peao^ 
throughout  the  State.  The  style  of  all  pro 
cess  shall  be  "  The  State  of  Louisiana. "  AC 
prosecutions  shall  be^  carried  on  in  the  nans 
and  by  the  authority  of  ' '  The  State  O' 
Louisiana,"  and  conclude  *' Against  tia 
peace  and  dignity  of  the  same." 

Abt.  78.  The  judges  of  ail  courts  whea 
ever  practicable,  shall  refer  to  the  law,  ii 
virtue  of  which  every  definitive  judgment 
is  rendered;  but  in  all  cases  they  shall  ad 
duce  the  reasons  on  which  their  judgment 
is  founded. 

Abt.  79.  The  judges  of  all  courts  shal 
be  liable  to  impeachment,  for  high  crimes 
and  misdemeanors.  For  any  reasonablf 
cause  the  Governor  shaU  remove  any  o1 
them,  on  the  address  of  two  thirds  of  tht 


JOVWMj  03'  THE  (X>MBTITIFFIO¥AI.  OOaT]3HTIO¥. 


ti 


embers  elected  so  each  Hoiise  of  tha  GeiJ.- , 
•al  Assemblj.  In  eTtz)'  s'L^ch  cme  the 
piLse  or  causes,  for  .Vf-hich.  siicli  remov:i: 
aj  bo  required,  shall  bt  stilted  at  leugtli- 
the  ad di'ess,  and  inserted  in  the  journab 
each  House.  \ 
A'JT.  80.  No  duties  or  functions  shall 
'er  be  attached,  hj  law,  to  the  Supreme 
district  courts  or  the  several  judges 
ereof,  but  such  as  are  judicial;  and  the 
id  judges  are  prohibited  from  receiving 
ly  fees  of  office,  or  other  compensation 
tan  their  salaries,  for  any  oiiicial  duties 
3rformed  bj  them.  ■ 
Abt.  81.  The  Legislature  shall  divide  the 
sate  into  judicial  discricts,  which  shall  re- 
ain  unchanged  for  six  v^ars,  and  be  sub- 
ct  to  reorganization  ev'>r7  sixth  vea?  ror 
kch  district  court  one  judge, ^l^rned  in  the 
w,  ahail  be  appointed  by  th1|^ijG-overnor  or 
ith  the  advice  and  conbent  of  the  Senate, 
or  each  district,  there  ahall  be  one  district 
)nrt;  except  in  the  parish  of  Orleans,  in 
inch  the  Legislatui'e  may  estftblish  as 
Any  district  courts  a&  the  public  interest 
Aj  require.  Until  otherwise  provided, 
lere  shall  be  seven  district  courts  for  the 
3uish  of  Orleans,  to  be  designated  as  fol- 
•ws:  the  criminal  court,  the  probate  court, 
le  court  of  appeals  from  justices'  courts,  i 
id  the  fourth^  fifth,  sixth  and  seventh 
^Btrict  courts.  The  number  of  districts  in  , 
le  St-ate  ahall  not  be  less  than  twelve  nor 
ore  than  twenty.  The  judges  of  the  dis- 
ict  courts  shall  appoint  the  clerhs  of  their  : 
spective  courts,  and  may  remove  them  at 
e&sure. 

Ap.t.  82.  Each  of  said  Judges  shall  re- 
vive a  saLiry  to  be  iiJZL-l  by  law,  which 
lall  not,  be  increased  or  diminished  during 
term  of  office,  &.nd  shall  never  be  less  ; 
lan  five  thousand  dollars.  He  must  be  a 
tizen  of  the  United  States,  over  the  age  \ 
thirty  years,  and  have  practiced  law  for 
16  s*pa<?e  of  five  years,  the  last  three  years 
lereof  in  the  State,  next  preceding  his 
Dpointment.  The  Judgea  of  the  district 
)urt  shall  hold  their  office  for  the  term  of 
X  years. 

AiiT.  83.  The  district  eourt.s  shall 
ave  original  jurisdiction  in  all  civil 
ises,  not  probate,  when  the  amount  in 
Lspute  exceeds  five  hundred  dollars,  ex- 
usive  of  interest.  They  shall  have  con- 
irrent  jurisdiction  with  the  parish  courts, 
I  probate  matters,  when  there  exist-9  a  con- 
sstation,  and  the  amount  in  dispute  is 
r  five  hundred  dollars,  exclusive  of 
iterest.  In  cirminal  cases  their  jurisdic- 
on  shall  be  unlimited.  They  shall  have 
apellate  jurisdiction  in  civil  ordinary 
lits,  when  the  amount  in  dispute  ex 
^eds  one  hundred  dollars,  exclusive  of 
terest. 


AsT.  S4,.  Tot  e»eh    parisk    ©otult,  oub 

]udi'e.  learned  in  the  law,  sh&IL  be  appoinit- 
V  /  :  C^.jTtrnor  with  tbe  advice  and 
:oi.-.i.i  of  the  Senate.  He  shall  hold  hi^ 
office  for  the  term  of  six  years.  He  shall 
receive  a  salary,  and  fees  to  be  prescribed 
by  law,  until  othervise  provided.  Each 
parish  judge  shall  receive  a  salary  of  one 
thousand  dollars  per  annum,  and  such 
fees  as  are  now  established  by  law  for 
clerks  of  courts.  He  shall  be  a  citizen  of 
the  Lnited  States,  and  shall  have  practiced 
law  in  the  State  two  years  next  preceding 
his  appointment. 

Abt.  85.  The  parish  courts  shall  have 
concurrent  jurisdiction  with  the  justices  of 
the  peace  in  ad  cases,  when  the  amount  in 
controversy  is  more  than  twenty-five  dol- 
lars, and  less  than  one  hundred  dollars,  ex- 
clusive of  interest.  They  shall  have  exclu- 
sive original  jurisdiction,  in  ordinary  suita, 
in  all  cas-es,  when  the  amount  in  dispute  ex- 
ceeds one  hundred  dollars  and  does  not  ex- 
ceed five  hundred  dollars;  subject  to  an  ap- 
peal to  the  district  court,  in  all  cases,  when 
the  amount  in  contestation  exceeds  one 
hundred  dollars,  exclusive  of  interest.  In 
X3robate  matters,  they  shall  have  concurrent 
jurisdiction  -^uth  district  courts  in  all 
cases,  when  there  exists  a  contestation 
or  suit  and  the  amount  in  dispute  exceeds 
five  hundred  dollars.  In  aU  other  cases 
they  shall  have  exclusive  original  jurisdic- 
tion in  probate  matters.  In  criminal  mat- 
ters, th®  parish  court  shall  have  jurisdiction 
in  all  eases,  when  the  penalty  is  not  neces- 
sarily imprisonment  at  hard  labor,  or  death, 
and  when  the  accused  shall  waive  trial  by 
jury.  They  shall  also  have  the  power  of 
a  committing  magistrate,  and  such  other 
jurisdiction  as  may  be  conferred  on  them 
by  law.  There  shall  be  no  trial  by  jury  be- 
fore the  parish  courts. 

Ap.t.  86.  In  ail  probate  matters,  when  the 
amount  in  dispute  shall  exceed  five  hundred 
dollars,  exclusiva  of  interest,  the  appeal 
shall  b©  directly  from  the  parish  to  the  Su- 
preme Court. 

Abt.  87.  The  Justices  of  the  Peace  shall 
be  elect-ed  by  the  electors  of  each  parish,  in 
ihe  manner  to  be  provided  by  the  General 
Assembly,  They  shall  hold  office  for  the 
term  of  two  years,  and  their  compensation 
shaU  be  fixed  by  law.  Their  jurisdiction  in 
civil  ca&es  shall  not  exceed  one  hundred 
dollars,  exclusive  of  interest — ^subject  to  an 
appeal  to  the  par'^  t.  in  aU  cases  when 

the  amount  in  di-  -  .11  exceed  twenty- 

five  dollars,  exclu-i'sY-  of  interest.  They 
shall  have  such  criminal  jurisdiction  as 
shall  be  provided  for  by  law. 

Art.  88.  In  any  case  when  the  Judge  may 
be  recused,  and  when  he  is  not  personally 
interested  in  the  matters  in  contestation,  he 


92 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


stiall  select  a  lawyer,  having  the  qualifica- 
tions required  for  judges  of  the  courts,  to 
try  such  cases.  And  when  the  Judge  is 
personally  interested  in  the  suit,  he  shall 
call  upon  the  parish  or  district  Judge  as  the 
case  may  be,  to  try  the  case. 

Art.  89.  The  General  Assembly  shall 
have  power  to  vest  in  the  parish  Judges  the 
right  to  grant  such  orders  and  to  do  such 
acts  as  may  be  deemed  necessary  for  the 
furtherance  of  the  administration  of  jus- 
tice, and  in  all  cases  the  power  thus  grant- 
ed shall  be  specified  and  determined. 

Abt.  90.  There  shall  be  an  Attorney 
General  for  the  State,  and  a  District  At- 
torney for  each  judicial  district  until  other- 
wise xw'ovided  by  law,  who  shall  be  ap- 
pointed by  the  Governor  with  the  advice 
and  consent  of  the  Senate.  They  shall  be 
selected  from  among  those  who  are  licensed 
to  practice  law  in  this  State. 

Art.  91.  A  Sheriff  and  a  Coroner  shall  be 
appointed  in  each  parish,  by  the  Governor, 
with  the  advice  and  consent  of  the  Senate, 
for  the  term  of  four  years.  As  many 
constables  as  may  be  designated  by  law 
shall  be  elected  by  the  registered  voters  of 
the  several  districts  or  wards. 

TITLE  VI — IMPEACHMENT. 

Art.  92.  The  power  of  impeachment 
shall  be  vested  in  the  House  of  Bepresen- 
tatives. 

Art.  93.  Impeachments  of  the  Gover- 
nor, Lieutenant  Governor,  Atc^orney  Gen- 
eral Secretary  of  State,  State  Treas- 
urer, and  of  the  Judges  of  the  inferior 
courts,  Justices  of  the  Peace  except- 
ed, shall  be  tried  by  the  Senate  ;  the  Chief 
Justice  of  the  Supreme  Court,  or  the  senior 
judge  thereof,  shall  preside  during  the  trial 
of  such  impeachment.  Impeachments  of 
the  Judges  of  the  Supreme  Court  shall  be 
tried  by  the  Senate.  When  sitting  as  a 
court  of  impeachment,  the  Senators  shall 
be  upon  oath  or  affirmation,  and  no  person 
snail  be  convicted  without  the  concurrence 
of  two  thirds  of  the  Senators  present. 

Art.  94.  Judgments  in  cases  of  impeach- 
ment shall  extend  only  to  removal  from  of- 
fice, and  disqualification  from  holding  any 
office  of  honor,  trust  or  profit  under  the 
State;  but  the  convicted  parties  shall,  nev- 
ertheless, be  subject  to  indictment,  trial  and 
punishment  according  to  law. 

title  VI  GENERAL  PROVISIONS. 

Art.  95.  Every  male  person  of  the  age  of 
twenty-one  years  or  upwards,  who  shall  be 
a  citizen  of  the  United  States,  and  who  shall 
have  been  an  inhabitant  in  this  State  one 
year  next  preceding  an  election,  and  the 
last  three  months  within  the  parish  in  which 
he  offers  to  vote,  shall  be  deemed  an  elector, 
except  those  disfranchised  by  this  Constitu- 


tion, paupers  and  persons  under  interd: 
tion.  No  person  who  shall  attain  the  a 
of  twenty-one  years  after  the  first  day 
January,  eighteen  hundred  and  seveni 
two,  or  who  shall  come  into  the  State  aft 
that  day,  shall  be  allowed  to  vote  until 
can  read  and  write.  No  elector  shall 
permitted  to  vote  at  any  election  "Who  shi 
not  have  paid  the  taxes  due  by  him  to  t. 
State  at  the  time  he  offers  to  vote. 

Art.  96.  The  following  persons  sh 
be  i3rohibited  from  voting  or  frc 
holding  any  office  of  honor,  tru 
or  profit  in  this  State,  to  wit:  i 
persons  who  shall  have  been  convict 
of  treason,  perjury,  forgery,  bribery, 
other  crimepunishable  by  imprisonment 
hard  labor  ipil  paupers  and  persons  und 
interdiction;  and  all  leaders  or  officers 
guerrilla  bands  during  the  late  "w 
or  rebellion.  The  following  persons  a 
prohibited  from  voting  or  holding  a: 
office  of  honor,  trust  or  profit  in  this  Sta' 
until  after  the  first  of  J  anuary,  one  the 
sand  eight  hundred  and  seventy-eight, 
wit:  All  persons  who,  before  the  first 
June,  one  thousand  eight  hundred  a: 
sixty-one,  held  the  office  of  Yice-Pr* 
ident,  Secretary  of  State,  Secretary  of  Ws 
Secretary  of  the  Interior,  Secretary  of  t 
Treasury,  Postmaster  General,  or  Attorn 
General  of  the  United  States,  diploma 
agents  of  the  United  States,  members 
Congress,  Judges  of  the  Supreme,  circi 
and  district  courts  of  the  United  Stati 
Governors  and  Lieutenant  Governors 
this  State  or  of  other  States,  Judges 
the  Supreme  and  district  courts  of  tl 
State,  judges  of  the  courts  of  last  resort 
other  States,  members  of  the  Legislature 
this  State,  since  the  adoption  of  the.  Cc 
stitution  of  1852,  who  approved  or  encoi 
aged  the  secession  of  this  State  or  a: 
other  State,  members  of  secession  conv€ 
tions  who  voted  for  or  signed  the  ordinal] 
of  secession,  and  commissioned  officers 
the  army  or  navy  of  the  United  States,  w 
at  any  time  engaged  in  the  late  rebellic 
Provided,  The  Legislature  may,  by  a  v( 
of  two  thirds  of  each  House,  remove  su 
disability. 

Art.  97.  Members  of  the  General  1 
semby,  and  all  other  officers,  before  th 
enter  upon  the  duties  of  the  offices,  sh 
take  the  following  oath  or  affirmation 
(A  B)  do  solemnly  swear  (or  affirm)  thai 
will  support  the  Constitution  and  laws 
the  United  States,  and  the  Constitution  a 
laws  of  this  State,  and  that  I  will  faithfu 
and  impartially  discharge  and  perform 

the  duties  incumbent  on  me  as  ,  i 

cording  to  the  best  of  my  ability  and  i 
derstanding.    So  help  me  God. 

Art.  98.  Treason  against  the  State  sh 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION.  93 


isist  only  in  levying  war  against  it,  or  in 
biering  to  its  enemies — giving  them  aid 
i  comfort.    No  person  shall  be  convicted 
treason  except  on  the  testimony  of  two 
:nesses  to  the  same  overt  acts  or  on  his 
ifession  in  open  court. 
\ST.  99.  All  penalties  shall  be  propor- 
•ned  to^he  nature  of  the  effense. 
Vrt.  100.  The  privilege  of  free  suffrage 
ill    be  supported    by  laws  regulating 
ctions,  and  prohibiting,  under  adequate  | 
aalties,  all  undue  influence  thereon  from  I 
wev,  bribery,  tumult  or  other  improper 
ictice. 

kuT.  101.  No  money  shall  be  drawn  from 
i  Treasury,  but  in  pursuance  of  si:)ecific 
oropriations  made  by  law  ;  a  statement 
i  account  of  receipts  and  expenditui'es 
all  public  moneys  shall  be  made  annual- 
in  such  manner  as  shall  be  prescribed  by 

7. 

iET.  102.  All  civil  oflacers  of  the  State  at 
ge  shall  be  voters  of  and  reside  within 
i  State;  and  all  district  or  parish  officers 
ill  reside  within  their  respective  districts 
parishes,  and  shall  keep  their  offices  at 
}h  place  therein  as  may  be  required  by 

7. 

Iet.  103.  All  civil  officers  shall  be  re- 
>vable  by  an  address  of  two  thirds  of  the 
:mbers  elect  to  each  House  of  the  General 
sembly,  except  those  whose  re- 
)val  is  otherwise  provided  for  by  this 
nstitution. 

iKT.  104z.  In  all  elections  by  the  people 
3  vote  shall  be  taken  by  ballot;  and  in  all 
ctions  by  the  Senate  and  House  of  Rep- 
■entatives,  jointly  or  separately,  the  vote 
ill  be  given  viva  voce. 
;  Art.  105.  No  member  of  Congress  or 
1 1  rson  holding  or  excercising  any  office  of 
J  ist  or  profit  under  the  United   States  or 
j  der  any  foreign  power,  shall  be  eligible  as  a 
^  tmber  of  the  General  Assembly,  or  hold 
^  exercise  any  office  of  trust  or  profit  under 
;  is  State. 

^  Art.  106.  None  but  citizens  of  the 
J  |iited  States  and  of  this   State  shall  be 

pointed  to  any  office  of  trust  or  profit  in 

is  State. 

Art.  107.  The  laws,  public  records  and 
3  judicial  and  legislative  written  proceed- 
^s  of  the  State  shall  be  j)^oio.i^g'i^ted, 
Bserved  and  conducted  in  the  English 
.J  iguage. 

oj  Art.  108.  No  i)ower  of  suspending  the 

7s  of  this  State  shall  be  exercised  except 
J  the  General  ilssembly. 

Art.  109.  No  exposte  facto  or  retroactive 
^  y,  nor  any  Liw  impairing  the  obligation 

contracts,  shall  be  passed,  nor  vested 
;',  ;*lits  be  divested,  unless  for  purposes  of 

blic  utility  and  for  adequate  compensation 
jj  pviously  made. 


AiiT.  110.  Whenever  the  General  Assem- 
bly shall  contract  a  debt  exceeding  in 
amount  the  sum  of  one  hundred  thousand 
dollars,  unless  in  case  of  war,  to  repel  in- 
vasion or  suppress  insurrection,  it  shall  in 
the  law  creating  the  debt  provide  adequate 
ways  and  means  for  the  payment  of  the 
current  interest  and  of  the  principal  when 
the  same  shall  become  due,  and  the  said 
law  shall  be  irrepealable  unless  principal 
and  interest  be  fully  paid,  or  unless  the 
repealing  law  contains  some  adequate  pro* 
vision  for  the  payment  of  the  jDrincipal  and. 
interest  of  the  debt. 

Aet.  111.  The  General  Assembly  shall 
provide  by  law  for  all  change  of  venue  in 
civil  and  criminal  cases. 

Art.  112.  The  General  Assembly  may 
enact  general  laws  regulating  the  adoption 
of  children,  emancipation  of  minors  and 
the  granting  of  divorces ;  but  no  special 
law  shall  be  passed  relating  to  particular  or 
individual  cases. 

Art.  113.  Every  law  passed  by  the  Gen- 
eral Assembly  shall  embrace  but  one  object, 
and  that  shall  be  expressed  in  the  title. 

Aet.  114.  No  law  shall  be  revived  or 
amended  by  reference  to  its  title ;  but  in 
such  case  the  revived  or  amended  sectioa 
shall  be  re-enacted  and  published  at  length. 

Art.  115.  The  General  Assembly  shall 
never  adopt  any  system  or  code  of  laws  by 
general  reference  to  such  system  or  code  of 
laws  ;  but  in  all  cases  shall  sx^ecify  the 
several  provisions  of  the  law  it  may  enact. 

Art.  116.  No  person  shall  hold  or  exer- 
cise, at  the  same  time,  more  than  one  office 
of  trust  or  profit  excei3t  that  of  Justice  of 
the  Peace  or  Notary  Public. 

Art.  117.  Taxation  shall  be  equal  and 
uniform  throughout  the  State;  aU  property 
shall  be  taxed  in  proportion  to  its  value,  to 
be  ascertained  as  directed  by  law;  the  Gen- 
eral Assembly  shall  have  power  to  exempt 
from  taxation  property  actually  used  for 
church,  school  or  charitable  purposes.  The 
General  Assembly  may  levy  an  income  tax 
upon  aU  persons  pursuing  any  occupation, 
trade  or  calling,  and  all  such  persons  shall 
obtain  a  license,  as  provided  by  law.  All 
tax  on  income  shall  be  pro  rata  on  the 
amount  of  income,  or  business  done.  The 
General  Assembly  shall  levy  a  poll  tax  on 
all  male  inhabitants  of  this  Sta,te,  over 
twenty-one  years  old,  for  school  and  chari- 
table XDiu'poses,  which  tax  shall  never  ex- 
ceed one  dollar  and  fifty  cents  ]3er  annum. 

Art.  118.  None  of  the  lands  granted  by 
Congress  to  the  State  of  Louisiana  for 
aiding  in  constructing  the  necessary  levees 
and  drains  to  reclaim  the  swamp  and 
overflowed  lands  of  the  State,  shall  be 
diverted  from  the  purjjose  for  which  they 
were  granted. 


JOUB^AL  OF  THE  OOS'STITUTIOE'iX  OOiNYElfTIOIf. 


Aet.  119.  No  liability,  either  Stat®, 
parochial  or  municipal,  shall  exist  for  any 
debts  contracted  for  or  in  the  interest  of 
tlie  rebellion  against  the  United  States  Gov- 
ernment. 

Akt.  120.  The  General  Assembly  may 
determine  the  mode  of  filling  vacancies  in 
all  oflfioes  for  Avhich  provision  is  not  made 
in  this  Constitution. 

Akt.  121.  The  General  Assembly  shall 
;^ass  no  law  requiring  a  property  quaiifica- 
tiou  for  office. 

Art.  122.  All  officers  shall  continue  to 
discharge  the  duties  of  their  offices  until 
their  successors  shall  have  been  inducted 
into  office. 

Abt.  123.  The  General  ABsemblj  shall 
proTide  for  the  protection  of  the  rights  of 
married  women  to  their  paraphernal  pro- 
perty and  for  the  registration  of  the  same, 
Dut  no  mortgage  or  privilege  shall  hereafter 
affect  third  parties  unless  recorded  in  the 
parish  where  the  property  to  be  affected  is 
situated.  The  tacit  mortgages  and  priv- 
ileges now  existing  in  this  State  skaU  cease 
to  have  effect  against  third  persons  after  the 
first  day  of  January,  one  thousand  eight 
iiundped  and  seventy,  unless  duly  recorded. 
The  General  Assembly  shall  provide  by  law 
for  the  registration  of  aU  mortgages  and 
privileges. 

Art.  124.  The  General  Assembly  at  its 
first  session  under  this  Constitution  shall 
provide  an  annual  pension  for  the  veterans 
of  1814  and  1815. 

Aet.  125.  The  General  Assembly  at  its 
first  session  under  this  Constitution  shall 
provide  for  the  registration  of  voters 
throughout  the  State,  and  no  one  shall  be 
permitted  to  vote  unless  registered. 

Aet.  126.  The  mihtary  shall  be  insubor- 
dination to  the  civil  power. 

Art.  127.  It  shaU  be  the  duty  of  the 
General  Assembly  to  provide  for  the  main- 
tenance of  all  paupers,  and  to  require  each 
parish  to  support  those  residing  within  its 
limits. 

Art.  128.  All  obligations  given  for  Con- 
federate money  are  null  and  void,  and 
shaU  not  be  enforced  in  the  courts  of  this 
State. 

Art.  129.  Obligations  for  the  sale  of  per- 
sons in  the  past  and  still  unexecuted,  are 
null  and  void,  and  shall  not  be  enforced  by 
the  courts  of  this  State. 

Art.  130.  The  seat  of  government  shall 
be  established  at  the  city  of  Bat©n  Bo7ige, 
and  shall  not  be  removed  without  the  con- 
sent of  two  thirds  of  the  members  of  both 
Houses  of  the  General  Assembly. 

TiTiiH  yn — internaij  improvements. 

Art.  131.  There  shall  be  a  board  of  pub- 
Ho  works  to  consist  of  ono  commissioner 


for  ^ch  congroEeional  district  of  the  Stet 

Art.  132.  The  Governor  shall  appoii 
the  commissioners  by  and  with  the  advii 
and  consent  q£  the  Senate. 

Abt.  133.  The  commissioners  shall  1 
residents  of  their  respective  dist|j^cts,  ar 
shall  hold  office  for  four  years  from  tl 
date  of  their  appointment. 

Art.  134.  Tiie  General  Assembly,  at  i 
first  session  after  the  adoption  of  this  Co: 
stitution,  shall  provide  for  the  organizatic 
of  the  board  of  public  works,  prescribe  i 
duties  and  fix  the  compensation  of  the  cor 
missioners  and  all  officers  employed  on  t] 
public  works. 

Art.  135.  The  commissioners  and  sm 
of  the  officers  employed  on  the  pub] 
works  as  may  be  determined  by  the  Ge 
eral  Assembly,  shall  give  such  bond  for  ti 
faithful  performance  of  their  duties  ■ 
shall  be  prescribed  by  law. 

TTTLJi  vm — BDUOATIOK. 

Art.  136.  It  shall  be  the  duty  of  t] 
General  Assembly  to  make  provision  for  t] 
education  of  all  the  youths  in  the  State  b 
tween  the  ages  of  six  and  eighteen  yeai 
without  prejudice  or  partiality  to  any. 

Art.  137.  Ilie  proceeds  of  all  lands  hei 
tofore  granted  by  the  United  States  for  tl 
use  and  support  of  public  schools,  and 
all  lands  or  other  property  which  may  heii 
after  be  bequeathed  for  that  purpose,  and 
all  lands  which  may  be  granted  or  b 
queathed  to  the  State  and  not  grant< 
or  bequeathed  expressly  for  any  oth 
purpose,  which  may  hereafter  be  di 
posed  of  by  the  State,  and  the  pr 
ceeds  of  all  estates  of  deceased  pe 
sons  to  which  the  State  may  be  entitled  1 
law,  shaR  be  held  by  the  Stp.te  as  a  loan  ai 
shall  be  and  remain  a  perpetual  fund  ( 
which  the  State  shall  pay  an  annual  intere 
of  six  per  cent. ,  which  interest,  with  the  i 
terest  of  the  trust  funds  deposited  with  tl 
State  by  the  United  States,  under  act  of  Co 
gress  approved  June  23,  1836,  and  the  ren 
of  unsold  lands,  shaU  be  appropriated 
the  support  of  such  schools,  and  tins  appi 
priation  shaU  remain  inviolable. 

Art.  138.  No  appropriation  shall  be  ma^ 
by  the  Legislature  for  the  support  of  ai 
private  school  or  institution  of  learnii 
whatever. 

Art.  139.  The  Legislature  shaU  provi( 
for  the  creation  of  a  Superintendent  of  Pn 
lie  Education,  prescribe  his  duties  and  i 
his  salary. 

Art.  140.  Institutions  for  the  support 
the  insane,  the  education  and  support 
the  blind  an'l  the  deaf  and  dumb,  ehj 
always  be  fostered  by  the  State,  and  1 
subject  to  such  regulations  as  may  be  pi 
scribed  by  the  General  Assembly. 


95 


TITI/I  IX — MZLITIA. 

Aet.  lil.  It  shall  b3  the  clutr  oi  the 
eneral  Assembly  to  organize  the  militia  of 
.6  State,  and  ail  able-bodied  male  citizens, 
^t-ween  the  ages  of  eighteen  and  forty 
;ars,.  vrho  are  not  disfranchised  bv  the 
Dnstitution  and  lay.'S  of  xlie  United  btatc-s 

d  of  this  State,  siiall  be  hable  to  miiitia 

itT. 

Abt.  Ii2.  The  Governor  shah  appoint  all 
>mmissioned  officers,  subject  to  confirma- 
.")n  or  rejection  by  the  Senat-e,  except  the 
aff  officers,  -^-ho  shall  be  appointed  by 
eir  respectiye  chiefs,  and  commissioned 
r  the  Gorernor. 

TLB  X — MODS  OP  BBTISIHa  THB  0O2?STITU- 

noK. 

Abt.  Ii3.  Any  femendment,  or  amend- 
ents,  to  this  Constitution,  may  be  pro- 
)6ed  in  the  Senate  or  House  of  Bepre- 
ntatires,  and  if  the  same  shall  be  agreed 
by  two-thirds  of  the  members  elected 
each  House,  such  proposed  amend- 
ent  or  amendments  shall  be  entered  on 
leir  journals  with  the  yeas  and  nays  taken 
.ereon,  and  the  Secretary  of  State  shall 
:Use  the  same  to  be  published,  three 
onths  before  the  next  general  slection 
r  EepresentatiYes  to  the  General  Assem- 
y,  in  at  least  one  newspaper  in  every 
Irish  in  the  State  in  which  a  newspaper 
.all  be  published  ;  and  such  proposed 
nendment  or  amendments  shall  be  sub- 
itted  to  the  people  at  said  election  ;  and 
a  majority  of  the  voters  at  said  election 
11  approve  and  ratify  such  amendment 
amendments,  the  same  shall  become  a 
irt  of  this  Constitution.  If  more  than 
la  amendment  shall  be  submitted  at  one 
me,  they  shall  be  subniittel  in  siieh 
tanner  and  form  that  the  ])eople  may 
jte  for  or  again.-:i  each  smendment  sepa- 
itely. 

TITLE  XI — SOEXDULJE. 

Art.  14A.  The  ordinance  of  secession  of 
le  State  of  Louisiana,  passed  26th  Janu- 
y,  1861,  is  hereby  declared  to  be  null  and 
3id.  The  Constitution  adopted  in  1864, 
ad  all  previous  constitutions  in  the  State 

Louisiana  are  declared  to  be  superseded 
Y  this  Constitution. 

Art.  14:5.  All  rights,  actions,  prosecu- 
ons,  claims,  contracts  and  all  laws  in  force 
:  the  time  of  the  adoption  of  this  Constitu- 
on,  and  not  inconsistent  therewith,  shall 
)ntinue,  as  if  the  same  had  not  been  adopt- 
i;  aU  judgments  and  judicial  sales,  mar- 
ages  and  executed  contracts  made  in  good 
ith  and  in  accordance  ^ith  existing  laws 
.  this  State,  rendered,  made,  or  entered 
ito  between  the  26th  January,  1861,  and 
le  date  when  this  Constitution  shall  be 


i  adopted,  are  hereljy  declared  to  be  valida 
except  the  foUowing  iawB: 

'  ■  '  :  ~         authorize  the  widening  of  the 


ana 


basin. 


approvec 


nt" 

I     "An  act  to  amend  and  re-enact  the  121st 
.'section  of  an  act  entitled  'An  act  relative 
erinies  and  offenaes.'      approved  Deo. 
,20,  1665. 

•''An  act  for  the  puni.-hment  of  persons 
.  for  tampering  with,  per.suading  jr  enticing 
;  away,  harboring,  feeding  or  secreting  labor- 
ers,   servants   or   anprentices,'"'  approved 
j  Dec.  21,  1865. 

"An  act  to  punish,  in  certain  cases,  the 
j  employers  of  laborers  and  apprentices,"  ap- 
i  proved  Dec.  21,  1865. 

"An  act  in  relation  to  exemption  from 
^  State,  parish  and  citv  taxes  for  the  years 
i  1862,  1863,  1864  and  1865,  in  certain  cases,"' 
certified  16th  March,  1S66. 

"An  act  granting  ferry  privileges  to  C. 
K.  Marshallj  his  heirs  or  assigns,"  ap- 
proved March  10,  1866. 

"An  act  t-o  authorize  the  Board  of  Leve^ 
I  Commissioners,  of  the  levee  district  in  the 
I  parishes  of  Madison  and  Carroll,  to  issue 
bonds,"  etc.,    et€,    approved   March  28, 
1867. 

Section  third  of  "An  a-ct  to  organize  the 
poli<:e  of  New  Orleans  and  to  create  a  police 
'boaj:d  therein,"  approved.  12th  Debmary, 
j  1866. 

j  Aet.  146.  The  laws  relative  to  the  duties 
i  of  officers  shall  remain  in  force,  though 
;  contrary  to  this  Constitution,  and  the 
'  several  duties  be  performed  by  the  respee- 
I  tive  officers  until  the  organiz^Ltion  of  the 
I  Government  under  this  -n- titntion. 
I  Abt.  147.  The  Legislature  bli.dl  provide 
I  for  the  removal  of  causes  now  pending  in 
_  the  courts  of  this  State  to  courts  created 
:  by  or  under  this  Constitution. 

OBDIXAXCE, 

Aet.  148.  Immediately  upon  the  ad- 
journment of  this  Convention,  this  Con- 
stitution shall  be  submitted  for  ratification 
to  the  registered  voters  of  the  State,  in 
conformity  to  the  act  of  Congress  entitled 
' '  An  act  to  provide  for  the  more  efficient 
government  of  the  rebel  States,"  and  the 
acts  supplementary  thereto. 

Art.  149.  After  the  Constitution  shall 
have  been  ratified,  the  President  of  the 
Convention,  or,  in  case  of  his  death  or  ab- 
sence, the  Chief  Justice  of  the  State,  shall 
immediately  give  notice  of  the  ratification 
thereof,  and  order  an  election  of  all  elective 
officers  under  this  Constitution,  t-o  take 
place  within  thirty  days  thereafter.  Lnme- 
diately  after  the  ratification  of  this  Consti- 
tution, the  President  of  the  Convention 
shall  appoint  one  registrar  in  each  parish. 


96  JOUENAIi  OF  THE  OONSTITUTIONAL  OONYEKTIOK. 


except  the  parisli  of  Orleans,  and  one  in 
each  district  of  the  parish  of  Orleans, 
who  shall,  each  in  his  parish  or  district,  ap- 
point commissioners  to  hold  the  first 
election  under  this  Constitution. 

Abt.  150.  The  election  thus  ordered  shall 
be  held  at  the  place  now  prescribed 
by  law,  and  shall  continue  two  days, 
the  place  for  voting  to  be  kept  open  from 
sun-rise  to  sun-set  each  day.  Returns  shall 
be  made  in  dui)licate,  sworn  to  by  the  com- 
missioners holding  the  election,  and  for- 
warded within  three  days  thereafter  to  the 
registrar  of  the  parish  or  district.  The 
registrar  shall  immediately  forward  one 
copy  of  said  returns  to  the  President  of  the 
Convention,  or  in  case  of  his  death,  to  the 
Chief  Justice  of  the  State,  who  shall  within 

  days  after  the  last  day  of  the  said 

election  make  proclam-ation  of  the  result 
thereof.  All  officers  thus  elected  shall 
enter  upon  the  discharge  of  their  respec- 
tive duties  on  the  Monday  next  succeeding 
the  day  upon  which  the  proclamation  here- 
tofore provided  for  shall  be  made,  and  con- 
tinue in  offi.ce  until  their  successors  shall  be 
inducted  into  office. 

The  Committee  reported  as  follows  upon 
the  following  resolutions  referred  to  them : 

Of  Mr.  Jones,  in  reference  to  raikoads — 
Adversely. 

Of  Mr.  Smith,  of  Orleans,  in  reference 
to  Constitution  of  1864 — the  views  of  the 
Committee  therein  embodied  in  rej)ort. 

Of  Mr.  Vrlfroit,  of  Ascension,  in  refer- 
ence to  amending  the  Constitution — ^Ad- 
versely. 

Of  Mr.  Tinchant,  of  Orleans — the  views 
of  the  Committee  therein  embodied  in  re- 
port. 

Mr.  Oooley  called  the  attention  of  the 
Convention  to  an  error  in  the  report  on  the 
insertion  of  Article  35,  and  moved  that  it 
be  stricken  from  the  report  and  the  articles 
renumbered  accordingly.  Adopted. 

Mr.  Ingraham,  of  Caddo,  in  behalf  of  the 
minority  of  the  committee,  submitted  the 
following  report: 

We,  the  undersigned,  Committee  on 
Draft  of  Constitution,  beg  leave  to  submit 
the  following  minority  report  : 

James  H.  Ingkaham, 
J.  H.  A.  Roberts, 
P.  F.  Yalfeoit, 
Charles  Leroy. 

preamble. 

We,  the  people  of  the  State  of  Louisiana, 
grateful  to  Almighty  God,  the  Sovereign 
Ruler  of  Nations,  for  our  liberties  and  our 
connection  with  the  American  Union,  and 


acknowledging  our  dependence  upon  Hii 
for  the  continuance  of  these  blessings  t 
us  and  our  posterity,  do,  for  the  more  cei 
tain  security  thereof  and  for  the  goverr 
ment  of  this  State,  ordain  and  establia 
this  Constitution. 

TITLE  I — BILL  OF  EIGHTS. 

Article  1.  All  persons,  without  regar 
to  race,  color  or  previous  condition  bor 
or  naturalized  in  the  United  States,  an 
inhabitants  of  this  State,  one  year,  are  cit 
zens  of  this  State,  and  shall  enjoy  th 
same  public,  civil  and  pohtical  rights  an 
privileges,  and  be  subject  to  the  same  pair 
and  penalties. 

Art.  2.  All  men  are  born  free  and  equa! 
and  have  certain  inalienable  rights;  amon 
these  are  life,  liberty  and  the  pursuit  ( 
happiness.  To  secure  these  rights,  gO"* 
ernments  are  instituted  among  men,  d< 
riving  their  just  powers  from  the  consei; 
of  the  governed.  1 

Art.  3.  There  shall  be  neither  slavei' 
nor  involuntary  servitude  in  tnis  Stat( 
otherwise  than  for  the  punishment  of  crim* 
whereof  the  party  shall  have  been  duly  coi 
victed. 

Art.  4.  Every  person  may  freely  speai 
write  and  publish  his  sentiments  on  a 
subjects — being  resjDonsible  for  the  abus 
of  that  right — and  no  laws  shall  be  passe 
to  restrain  or  abridge  the  liberty  of  speec 
or  of  the  press.  In  aU  criminal  proseci 
tions  or  indictments  for  libel  the  truth  ma 
be  given  in  evidence,  and  if  it  shall  appes 
to  the  jury  that  the  matter  charged  £ 
libelous  be  true,  and  was  published  fc 
good  motives  and  for  justifiable  ends,  tl 
party  shall  be  acquitted  and  the  jnry  sha 
have  the  right  to  determine  the  law  and  th 
fact. 

Art.  5.  The  right  of  the  people  peaceabl 
to  assemble  to  consult  for  the  common  goo 
and  to  petition  the  government  or  any  d< 
partment  thereof,  shall  never  be  abridgec 

Art.  6.  The  right  of  trial  by  jury  sha 
not  be  violated. 

Art.  7.  All  persons  shall  be  bailable  b 
sufficient  sureties  except  for  capital  offense 
where  the  proof  is  evident  or  the  presumj 
tion  great.  Excessive  bail  shall  not  be  re 
quired  or  excessive  fines  imposed,  nor  cru< 
and  unusual  punishments  inflicted. 

Art.  8.  In  all  criminal  prosecutions,  an 
in  cases  involving  the  life  or  liberty  of  a 
individual,  the  accused  shall  have  the  rigt 
to  a  sjDeedy  and  public  trial  by  an  impai 
tial  jury;  to  be  informed  of  the  accusatio 
against  him;  to  have  a  copy  of  the  sam 
when  demanded;  to  be  confronted  with  th 
witnesses  against  him;  to  have  compulsor 
process  for  his  witnesses,  and  to  have  th 
assistance  of  counsel. 


JOUENAL  OF  THE  CONSTITUTIOXAL  CONYEXTION. 


97 


Art.  9.  No  person  shall  beheld  to  ansyrer 
for  a  criminal  offense  unless  on  the  x^resent- 
ment  or  indictment  of  a  grand  jnrv,  except 
in  case  of  impeachment,  or  in  cases  cogniz- 
able by  Justices  of  the  Peace,  or  arising  in 
the  army  or  navy,  or  in  the  mihtia  yrhen  in 
actual  service  in  time  of  vrar  or  pubHc 
danger;  and  no  person,  for  the  same  offense, 
shall  be  put  twice  in  jeox^ard}'  of  punish- 
ment, nor  shall  be  compelled  in  any  criminal 
case  to  ]3e  a  witness  against  himself.  All 
persons  shall,  before  comiction,  be  bailable 
by  sufficient  sureties,  except  for  capital 
offenses  when  the  jDroof  is  e^,-ident  or  the 
presumption  great,  and  the  pri^^ege  of  the 
writ  of  Jmbeas  corpus  shall  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  in- 
vasion, the  pubhc  safety  may  require. 

Abt.  10.  AU  courts  shall  be  open,  and 
every  person,  for  an  injiu-y  done  him  in  his 
land,  goods,  person  or  reputation,  shall 
have  remedy  by  due  i3rocess  of  law  and 
justice  administered  without  denial  or 
delay. 

Art,  11.  The  right  of  all  citizens  to 
travel  and  be  entertained  shall  not  he  in- 
fringed, or  in  any  manner  whatever  be 
abridged  in  tlus  State. 

Aet.  12.  No  public  money  or  monies 
shall  be  given  or  funds  be  bestowed  upon 
any  charitable  or  pubHc  institution  in  this 
State  that  makes  any  distinction  among 
the  cititizens  of  this  State. 

Art.  13.  Treason  against  the  State  shall 
consist  only  in  levying  war  against  the 
same  or  in  adhering  to  its  enemies — giving 
them  aid  and  comfort.  Xo  person  shall 
be  convicted  of  treason  unless  on  the  testi- 
mony of  two  witnesses  to  the  same  overt 
act  or  on  confession  in  oj)en  court. 

Art.  14.  The  right  of  the  people  to  be 
secure  in  their  x^ersons,  houses,  pax)ers  and 
effects  against  unreasonable  searches  and 
seiziu-es,  shall  not  be  violated:  and  no 
warrant  shall  issue  but  on  x)robable  cause, 
supported  by  oath  or  affirmation  and  i)ar- 
ticularly  describing  the  place  to  be  searched 
and  the  person  or  things  to  be  seized. 

Art.  15.  All  childi-en  bound  out  by  any 
law  enacted  by  any  "  so-callecr'  General 
Assembly  in  this  State  since  the  year 
eighteen  hundi-ed  and  sixty-two,  shall  be 
released  and  returned  to  their  x^arents  or 
relatives,  by  any  court  of  competent  juris- 
diction, after  the  adoption  of  this  Consti- 
tution. 

Aet.  16.  The  x^roxDerty  of  no  x^erson  shall 
be  taken  for  x^^i-ibhc  use  without  just  com- 
pensation therefor;  and  no  x^erson  shall  be 
imx^risoned  for  debt,  excex^t  for  fraud. 

xArt.  17.  No  x^erson  shall  be  imx^risoned 
for  debt  in  any  civil  action  or  mesne  or 
final  x^rocess,  unless  in  case  of  fraud, 

Aet.  18.  All  men  have  a  natural  and  in- 
8 


defeasible  right  to  worshix^  Almighty  God 
according  to  the  dictates  of  their  ovm  con- 
No  person  shall  be  compelled  to 


science. 


attend,   erect  or 


^ort 


any  x^lace  of 
I  worshix3,   or  maintain  any  form  of  worshix? 
against  his  consent,  and  no  x'^reference  shall 
be  given  by  law  to  nny  rehgious  society, 
!  nor  shall  any  interference  with  the  rights 
I  of  conscience  be  permitted.    No  religious 
j  test  shah  he  required  as  a  qualification  for 
I  office,  nor  shall  any  i^erson  be  incomx^etent 
'  to  be  a  witness  on  account  of  his  religious 
I  behef ;   but  nothing  herein  shall  be  con- 
strued to  disiDense  with  oaths  and  atiirma- 
tions.    Eehgion,  morality  and  knowledge, 
however,  being  essential  to  good  govern- 
ment, it  shall  be  the  duty  of  the  General 
Assembly  to  x^ass  suitable  laws  to  x^i'otect 
I  every  religious  denomination  in  the  x^eace- 
jful  enjoyment  of  its  own  mode  of  x^ubho 
!  worshiiD. 

I  Aet.  19.  The  mihtary  shall  be  in  strict 
:  subordination  to  the  civil  x^o'^er.  That  all 
jX^ower  is  vested  in,  and  consequently  de- 
I  rived  from  the  iDcople;  that  magistrates  are 
but  their  servants  and  trustees  and  at  all 
'  times  amenable  and  accessible  to  them. 
1    Aet.  20.  That  aU  elections  shall  be  free; 


and  that  all  men. 


exce 


ot  such  as  are  dis- 


franchised, shah  have  and  exercise  the  right 
j  of  suffrage. 

Aet.  21.  That  no  X3er50n  shall  be  trans-- 
XDorted  out  of  this  State  for  trial  for  any 
offense  committed  vutliin  the  same. 

Art.  22.  To  guard  against  the  transgi'es- 
sion  of  the  high  x^o^'^'ei's  vliich  we  have 
delegated,  we  declare  that  everj^thing  in 
this  article  is  excex3ted  out  of  the  general 
XDowers  of  government  and  shall  ever  re- 
main inviolable. 

title  n — DISTETBL-TION  OF  POWBES. 

Aet.  23.  The  powers  of  the  government 
of  the  State  of  Louisiana  shall  be  divided 
into  three  distinct  dexxirtments,  and  each, 
of  them  sliaU  be  confined  to  a  sex^arate 
body  of  magistracy,  to-wit:  those  v>-hich 
are  legislative  to  one,  those  which  are  ex- 
ecutive to  another,  and  those  which  are 
judicial  to  another. 

No  one  of  these  dex^artments,  nor  any 
X:)erson  holding  office  in  one  of  them,  shall 
exercise  x^ower  x^roperty  belonging  to  either 
of  the  others,  excex^t  in  the  instances  here^ 
inafter  exx^ressly  directed  or  permitted. 

TTTLE  TU — legislate:  DEPAET3IEXT, 

Aet.  24.  The  Legislative  x^o^'sr  of  tha 
State  shall  be  vested  in  tvro  distincli 
branches.  The  one  to  be  styled  '  'the  House 
of  Eei3resentatives,"  the  other  "the  Senate," 
I  and  both  "the  General  Assembly  of  the 
State  of  Louisiana." 

Art.  25.  The  members  of  the  House  oi 
Bei3resentatxYes  shall  continue  in  ofiice  lo^ 


98 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


two  years  from  the  day  of  the  closing  of 
the  general  elections. 

AiiT.  26.  Ilepresentatives  shall  be  cho- 
sen on  the  first  Monday  in  November  every 
two  years,  and  the  election  shall  be  com- 
pleted in  one  day.  The  General  Assembly 
shall  meet  annually  on  the  fkst  Monda^r  in 
January,  unless  a  different  day  be  api:)oint- 
ed  by  law,  and  their  sessions  shall  be  held 
I  at  the  seat  of  government. 

Aet.  27.  Every  elector  under  this  Con- 
stitution, shall  be  eligible  to  a  seat  in  the 
House  of  Eepreseutatives  ;  and  every 
elector  who  has  reached  the  age  of  twenty- 
five  years,  shall  be  eligible  to  the  Senate  : 
Provided,  That  no  person  shall  be  a  Repre- 
sentative or  Senator,  unless  at  the  time  of 
his  election,  he  be  a  qualified  elector  of  the 
representative  or  senatorial  district  from 
which  he  is  elected. 

Abt.  28.  Elections  for  members  of  the 
General  Assembly  shaU  be  held  at  the 
several  election  precincts  established  by 
law. 

Aet.  29.  Representation  in  the  House 
of  Representatives  shall  be  equal  and  uni- 
form, and  shall  be  ascertained  and  regula- 
ted by  the  number  of  qualified  electors  ; 
each  j)arish  in  the  State  being  entitled  to 
at  least  one  Representative.  An  enumera- 
tion of  the  qualified  electors  of  this  State, 
by  the  State  authorities,  shall  be  made  in 
1868  ;  a  second  in  1875,  and  an  enumeration 
shall  be  made  regularly  every  ten  years 
theieafter,  for  the  purpose  of  ascertaining 
the  total  ipopulatiori;  as  well  as  the  number 
of  quahfied  electors  in  each  parish  and 
election  district  ;  and  in  case  of  informali- 
ty, omission  o*:  error,  in  the  census  returns 
from  any  district,  the  Legislature  shall 
order  a  new  census  taken  in  such  ^oarish  o.- 
election  district. 

Akt.  30.  At  the  first  session  of  the  Legis- 
lature, after  the  making  of  each  enumera- 
tion, the  Legislature  shall  apportion  the 
representation  amongst  the  several  parishes 
and  reioresentative  districts,  on  the  basis  of 
qualified  electors  as  aforesaid.  A  represent- 
ative number  shall  be  fixed,  and  each  par- 
ish and  representative  district  shall  have  as 
many  Rex^resentatives  as  the  aggregate  num- 
ber of  its  electors  will  entitle  it  to  have,  and 
an  additional  Representative  for  any  frac- 
tion exceeding  one  half  of  the  representa- 
tive number.  The  number  of  Representa- 
tives shall  never  exceed  one  hundred  and 
twenty,  nor  be  less  than  nir  3ty. 

Abt.  31.  Until  an  apportionment  shall 
be  made,  and  elections  held  under  the 
same,  in  accordance  with  the  first  enumera- 
tion to  be  made  as  d  irected  in  Art.  No.  29 
the  representation  in  the  Senate  and  House 
Qf  Reptesentatiyes  shall  be  as  follows  : 


For  the  parish  of  Orleans,  and  to  be  elec 

ed  as  follows : 

First  Rexoresentative  District  J 

Second        "  "  

Third  "  

Fourth         "  "   , 

Fifth  "  "   : 

Sixth  "  

Seventh        "  "   , 

Eighth         "  "   , 

Ninth  "  "   ; 

Tenth  "   

Eleventh       "  "   

Ascension  

Assumption  

xivoyelles  

Baton  Rouge,  East  

Baton  Rouge,  West  

Bienville  

Bossier  

Caddo  

Calcasieu  

CaldweU  

Carroll  

Catahoula  

Claiborne  ,-  

Concordia  

DeSoto  

Felicia_ia,  East  

Feliciana,  West  

Franklin  

Iberville  

Jackson  

Jefferson  

Lafayette  

Lafourche  

Livingston  

Madison  

Morehojse  

Natchitoches  

Ouachita  

P]T,queDiine  

Point  Coapee  

Rapides  

Sabine  

St.  Bernard  

St.  Charles  

St.  Helena  

St.  James  

St.  John  Baptist  

St.  Landry  

St.  Martin's  

St.  Mary's  

St.  Tammany  

Tensas  

Terrebonne  

Union  

VermiUion  

Wasliington  

Winn  

Total   1 

And  the  State  shall  be  divided  into  t 
following  senatorial  districts;  to-wit; 


JOUElSiAL  OF  THE  COXSTITUTIOXAL  COXTEXTIOK 


99 


The  Mrst,  Second  and  Third  Eepresen-  i 
tative  Districts  of  Xew  Orleans  shall  form  | 
one  senatorial  district  and  elect  thi'ee  Sen- 
ators. 

The  Fourth,  Fifth  and  Sixth  Representa- 
tiye  Districts  of  Xew  Orleans  shall  form  one 
district  and  elect  two  Senators, 

The  Seventh,  Eighth  and  Ninth  Eepre- 
sentative  Districts  ol'  New  Orleans  and  the 
parish  of  St.  Bernard  shall  form  one  district 
and  elect  two  Senators. 

The  Tenth  EepresentatiTe  District  of 
New  Orleans  shall  form  a  district  and  elect 
one  Senator. 

Filth  District  of  New  Orleans  and  the 
TDarish  of  Plaqnemine  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  Jefferson,  St.  Charles 
and  St.  John  Baptist  shall  form  one  dis- 
trict and  elect  two  Senators. 

The  parishes  of  Ascension  and  St.  James 
shall  form  one  district  and  elect  one  Sen- 
ator. 

The  parishes  of  Assumption,  Lafoiu'che 
and  Terrebonne  shall  form  one  district  and 
elect  two  Senators. 

The  parishes  of  YermiUion  and  St. 
Mary  shaR  form  one  district  and  elect  one 
Senator. 

The  jparishes  of  Calcasieu,  Lafayette  and 
St.  Landiy  shall  form  one  district  and  elect 
two  Senators. 

The  parishes  of  Livingston,  St.  Helena, 
V/ashington  and  St.  Tammany  shall  form 
one  district  and  shall  elect  one  Senator. 

The  parishes  of  Point  Coupee,  East  Feli- 
ciana and  West  Feliciana  shall  form  one  dis- 
trict and  elect  two  Senators. 

The  parish  of  East  Baton  Bouge  shall 
form  one  district  and  elect  one  Senator.  ^ 

The  parishes  oi  Vrest  Bcicon  Bouge,  Tber-  j 
ville  and  St.  Martin  shall  form  one  district 
and  elect  two  Senators. 

The  parishes  of  Concordia  and  Avoy- 
elles shall  form  one  district  and  elect  one 
Senator. 

The  parishes  of  Tensas  and  Franklin 
shall  form  one  district  and  elect  one  Sen- 
ator. 

The  ]Darishes  of  Carroll,  Madison  and 
Moreb  ouse  shall  form  one  district  and  elect 
two  Senators. 

The  parishes  of  Ouachita  and  Caldwell 
shall  form  one  district  and  elect  one  Sena- 
tor. 

The  parishes  of  Jackson  and  Union  shall 
form  one  district  and  elect  one  Senator. 

The  parishes  of  Bossier,  Bienville  and 
Claiborne  shall  form  one  district  and  elect 
two  Senators. 

The  parish  of  Caddo  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  DeSoto,  Natchitoches 


and  Sabine  shall  form  one  district  and  elect 
two  Senators. 

The  parish  of  Bapides  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  Catalioula  and  Winn  shall 
form  one  district  and  el-ct  one  Senator. 
Thirty-six  Senators  iu  iCA. 
Aet.    32.     The  Hotise  of  Bepresenta- 
tives  shall  choose  its  Speaker  and  other 
officers. 

AiiT.  33.  Electors,  in  all  cases,  except 
treason,  felony  or  breach  of  the  peace, 
shall  be  privileged  from  arrest  during  their 
attendance  on^  going  to  and  returning  from 
elections. 

Art.  34.  At  its  first  session  under  this 
Constitution,  the  Legislature  shall  pro- 
vide by  law  that  the  names  and  resi- 
dence of  all  ciuahfied  electors  shall  be 
registered  in  order  to  entitle  them  to  vote  ; 
but  the  registry  shall  be  free  of  cost  to  tho 
elector. 

Abt.  35.  No  person  shall  be  entitled  to 
vote  at  any  election  held  in  this  Stat-e 
excejDt  in  the  parish  of  his  residence  and 
at  the  election  precinct  in  which  he  is  re^ 
gistered. 

Art.  36.  The  members  of  the  Senate 
shall  be  elected  for  the  term  of  four  years, 
and  when  assembled  the  Senate  shall  have 
power  to  choose  its  own  officers. 

Art.  37.  Diu-ing  every  year  in  which 
they  apportion  reijresentation  in  the  House 
of  Bepresentatives,  the  Legislature  shall 
divide  the  State  into  senatorial  districts. 

Art.  38.  No  parish  shall  be  divided  in 
the  formation  of  a  senatorial  district,  the* 
l^arish  of  Orleans  excepted;  and  whenever  a 
new  parish  be  (is)  created,  it  shall  be  at- 
tached to  the  senatorial  district  from  which 
most  Oi  its  terricory  is  taken,  or  to  another 
contiguous  district,  at  the  discretion  of  the 
Legislature,  but  sliall  not  be  attached  to 
more  than  one  district.  The  ntiniber  of 
Senators  shall  be  thii'ty-six;  and  thej  shall 
be  apportioned  among  the  senatorial  dis- 
tricts according  to  the  electoral  population, 
of  said  districts. 

Art.  39.  In  all  apportionments  of  the 
Senate,  the  electoral  x^opulation  of  the 
whole  State  shall  be  divided  by  the  number 
thirty-six,  and  the  result  prodticed  by  this 
division  shall  be  the  senatorial  ratio  entitl- 
ing a  senatorial  district  to  a  Senator, 

Single  or  contiguous  parishes  shall  be 
formed  into  districts,  having  a  x^opulatiou 
the  nearest  possible  to  the  niimber  entitling 
a  district  to  a  Senator;  and  if  the  a^Dpor- 
tionment  to  make  a  parish  or  district  fall 
short  of  or  exceed  the  ratio,  then  a  district 
may  be  formed  having  not  more  than  two 
Senators,  but  not  otherT^ise.  No  new  ap- 
portionment shall  have  the  effect  of  abridg- 
ing the  term  of  service  of  any  Senator 


100 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


already  elected  at  tlie  time  of  making  the 
apportionment.  After  an  enumeration  lias 
been  made  as  directed  in  the  29th  article, 
the  Legislature  shall  not  pass  any  law  till 
an  apportionment  of  representation  in  both 
Houses  of  the  General  Assembly  be  made. 

Abt.  40.  At  the  first  session  of  the  Gen- 
eral Asseml.l}'",  after  this  Constitution  takes 
effect,  the  Senators  shall  be  divided  equally 
by  lot  into  two  classes;  the  seats  of  the 
Senators  of  the  first  class  to  be  vacated  at 
the  expiration  of  the  term  of  the  first 
House  of  "Slepresentatives ;  of  the  second 
class  at  the  exi3iration  of  the  term  of  the 
second  House  of  Representatives;  so  that 
one  half  shall  be  chosen  every  two  years 
successively.  In  case  any  district  shall 
liave  elected  two  Senators,  said  Senators 
shall  vacate  their  seats  respectively  at  the 
end  of  the  terms  aforesaid,  and  lots  shall  be 
drawn  between  them. 

Abt.  41.  The  first  election  for  Senators 
shall  be  held  at  the  same  time  with  the 
election  for  rex^resentatives;  and  thereafter 
there  shall  be  elections  of  Senators  at  the 
same  time  with  each  general  election  of 
representatives,  to  fill  the  places  of  those 
Senators  wiiose  term  of  service  may  have 
exx3ired. 

Abt.  42.  Not  less  than  a  majority  of  the 
members  of  each  House  of  the  General  As- 
sembly shall  form  a  quorum  to  transact 
business;  but  a  smaller  number  may  ad- 
journ from  day  to  day,  and  shall  be  author- 
ized by  law  to  comi^el  the  attendance  of  ab- 
sent members. 

Abt.  43.  Each  House  of  the  General 
Assembly  shall  judge  of  the  qualification, 
election  and  returns  of  its  members  ;  but  a 
contested  election  shall  be  determined  in 
such  manner  as  may  be  prescribed  by  law. 

Abt.  44.  Each  House  of  the  General 
Assembly  may  determine  the  rules  of  its 
proceedings,  punish  a  member  for  disorder- 
ly conduct,  and,  with  a  concurrence  of  two 
thirds,  expel  a  member  ;  but  not  a  second 
time  for  the  same  offense. 

Abt.  45.  Each  House  of  the  General 
Assembly  shall  keep  and  publish  weekly,  a 
journal  of  its  own  i)roceedings  ;  and  the 
yeas  and  nays  of  the  members  on  any  ques- 
tion, at  the  desire  of  any  two  of  them, 
shall  be  entered  on  the  journal. 

Abt.  46.  Each  House  may  punish,  by 
imprisonment,  any  person  not  a  member, 
for  disrespect  and  disorderly  behavior  in  its 
presence,  or  for  obstructing  any  of  its  pro- 
ceedings ;  such  imprisonment  shall  not  ex- 
ceed ten  days  for  any  one  offense. 

Abt.  47.  Neither  House,  during  the  ses- 
sions of  the  General  Assembly,  without  the 
consent  of  the  other,  shall  adjourn  for 
more  than  three  days,  nor  to  any  other  place 
than  that  in  which  they  may  be  sitting. 


Abt.  48.  The  members  of  the  Genera] 
Assembly  shall  receive  from  the  publi 
Treasury  a  comi^ensation  for  their  services, 
which  shall  be  eight  dollars  x^er  day  during 
their  attendance,  going  to  and  returning 
from  the  sessions  of  their  respec- 
tive Houses.  This  comxDensation  may 
be  increased  or  diminished  by  law, 
but  no  alteration  shall  take  effect  during 
the  x^eriod  of  service  of  the  members  of 
the  House  of  Eex3resentatives  by  which 
su«h  alteration  shall  have  been  made.  No 
session  shall  extend  beyond  the  x^eriod  of 
sixty  days,  to  date  from  its  commence- 
ment. And  any  legislative  action  had 
after  the  expiration  of  said  sixty  days 
shall  be  nuU  and  void  ;  but  this 
last  provision  shall  not  apply  to  the 
first  session  of  the  Legislature  that  shall 
convene  after  the  adox^tion  of  this  Consti- 
tution. 

Abt.  49.  The  members  of  the  General 

Assembly,  in  all  cases  except  treason,  felony 
and  breach  of  the  x^eace,  shall  be  x:)rivileged 
from  arrest  during  their  attendance  at  the 
sessions  of  their .  resxDCctive  houses,  and 
going  to  or  returning  from  the  same;  and 
for  any  sx^eech  or  debate  in  either  house 
shall  not  be  questioned  in  any  other  place. 

Abt.  50.  No  Senator  or  RexDresentative, 
during  the  term  for  which  he  was  elected, 
nor  for  one  year  thereafter,  shall  be  ap- 
X^ointed  to  any  civil  office  of  x^rofit  under 
this  State,  vrhich  shaU  have  been  created  or 
the  emoluments  of  which  have  been  in- 
creased during  the  time  such  Senator  or 
Bex^resentative  was  in  ofiice,  excex3t  to  such 
offices  as  may  be  filled  by  an  election  of  the 
peox3le. 

Abt.  51.  No  x^erson,  while  he  continues 
to  exercise  the  functions  of  a  clergyman  of 
any  religious  denomination  whatever,  shall 
be  eligible  to  the  General  Assembly. 

Abt.  52.  No  bill  shall  have  the  force  of 
a  law,  until,  on  three  several  days  it  be  read 
over  in  each  House  of  the  General  Assembly, 
and  free  discussion  allowed  thereon;  unless 
in  case  of  urgency  four  fifths  of  the  House, 
where  the  bill  is  pending,  may  deem  it  ex- 
pedient to  disx^ense  with  this  rule. 

Abt.  53.  All  bills  for  raising  revenue 
shall  originate  in  the  House  of  Representa- 
tives ;  but  the  Senate  may  prox^ose  amend-, 
ments  as  in  other  bills  ;  Provided,  It  shall 
not  introduce  any  new  matter  under  the 
color  of  an  amendment,  which  does  not 
relate  to  raising  revenue. 

Abt.  54.  The  General   Assembly  shall 
regulate  by  law,  by  whom  and  in  what  man 
ner,  writs  of  election  shall  be  issued  to  fiU 
the  vacancies  Vviiich  may  occur  in  either 
branch  thereof. 

Aet.  55.  The  Senate  shall  vote  on  the 
confirmation  or  rejection  of  the  officers  to 


JOUENAL  OF  THE  COXSTITUTIOXAL  CONATENTION. 


101 


be  appointed  by  tlie  Governor,  ^itli  tlie  ad- 
vice and  consent  of  the  Senate,  by  yeas 
and  nays  ;  and  the  names  of  the  Senators 
votino-  for  or   against   the  appointments. 


respectively,  shallbeenteredonthejonrnais  elected,  and  shall  have  t^iken  the  oai 
to  be  kept  for  the  purpose,  and  made  pub-  aiiirmation  required  1  ;y  ih<:-  Constituti 


lie  on  or  before  the  end  of  each  session. 

Aet.  56.  Eeturns  of  all  elections  for 
members  of  the  General  Assembly  shall  be 
made  to  the  Secretary  of  State. 

AnT.  57.  In  the  year  in  ^Yhich  a  regular 
election  for  a  Senator  of  the  United  States 


the  discharge  of  his  duties  on  the  next 

ensuing  his  election,  and  shall  continue  in 
office  until  the  Z\Ionday  next  succeeding  the 
dav  that  his  successor  shall  1)0  declared  duly 

the  oath  or 
ion. 

Aet.  61.  I\o  member  of  Conaress,  or  any 


omce 


is  to  talie  place, 
General  Assemblv 


the 
shaU 


members   oi  tUt 


person  holding 
States  Goverum 
office  of  Gov^riKir  ^ 
Art.  62.  In  ca:^.:-  oi 
Governor,  liis  romova 
refusal  or  inabilitv  to 


meet  in  the  hall  or  absence  from  the  State, 


of  the  Hotise  of  Representatives  on  tiie 
second-  Islonday  following  the  meeting  of 
the  Legislature,  and  proceed  to  said  elec- 
lion. 

TITLE  TV — EXECrTIVE  DEPAKT3IEXT. 

Art,  58.  The  stipreme  executive  pover 


the  United 

uilde  to  the 
:  Governor, 
-ut  of  the 
0.  death, 
resignation 
p  overs  and 
upon  the 
'<Tue  of  the 
rvUt  or  im- 


duties  of  the  oflo - 
Lieutenant  Go- 
term,  or  until  tli  .    ^  \ 

peached,  shall  return  or  be  acqutted.  The 
Legislature  may  provide  by  lav  for  the 
case  of  removal,  imj^eathuicnr.  death,  re- 
,  sia'nation.  disabihtv  or  rt^ius;)!  to  quahfv,  of 
of  the   State   shall  be  vested  in  a  Chief  ■  j^oth  the  Governor^lnd  the  Lieiiteuant  Gov- 
Magistrate,  vho  shaH  be  scyled  the  Gov- 1  emor,  declaring  -vhat  officer  shaU  act  as 


Sili 


ernor  of  the  State  of  Lotiisictna.    He  sli;il 
hold  his  office  during  the  term  of  tvoo  ye  n  s, 
and,  together  with   the  Lieutenant  Gov- 
ernor, chosen  for  the  same  term,  be  elected 

as  follows:  The  cpaalified  electors  for  Eexore- 1  officer  discharo-iu^-  the  duties  of 
sentatives  shall  vote  for  Governor  and !  j^iiall,  during  "his  administrati 
Lieutenant  Governor  at  the  time  avr  '  '  '  ^ 

of  voting  for  Eepresentatives;  the  . 
of  every  election  shall  be  sealed  up  and  ira 
mitted  by  the  i^roper  returning  officer  to  the  ! 
Secretary  of  State,  who  shall  deliver  them  to  ' 
the  SiDcaker  of  the  House  of  Eepresentatives 
on  the  second  day  of  the  session  of  the 
General  Assembly  then  to  be  hoiden.  The 


II  act  accord- 
removed,  or 


Governor,  and  such  office] 
ingly,  until  the  disability  be 
for  the  remainder  of  the  term. 

Art.  63.  The  Lietiteuant  Governor,  or 

Governor, 
tion,  receive 

"he  same  compensiition  to  which  the  Gov- 
■rnor  would  have  been  entitled  had  he  con- 
linued  in  office. 

The  Lieutenant  Governor  shall,  by  virtue 
of  his  office,  be  President  of  the  Senate, 
but  shall  have  only  a  casting  vote  therein, 
j  Whenever  he  shall  administer  the  govern- 
ment, or  shall  be  tmable  to  attend  as  Presi- 


members  of  the  General  Assembly  shall  |  dent  of  the  Senate,  the  Senators  shaU  elect 
meet  in  the  House  of  EeiDresentatives  to 
examine  and  count  the  votes.  The  iDerson 
having  the  greatest  number  of  votes  for 
Governor  shall  be  declared  dtily  elected: 
but  if  tvy'o  or  more  persons  shall  be 
equal  and  the  highest  in  the  nimiber  of 


one  of  their  own  members  as  President  of 
the  Senate  for  the  time  being. 

Aet.  64.  The  Governor  shall  receive  a 
salary  of  eight  thousand  dohars  i:)er  annum, 
iDayable  quarterly,  on  bis  own  warrant. 
Aet.  65.  The  Lieutenant  Governor  shall 


votes  polled  for  Governor,  one   of  them  receive  a  salarv  of  three  thousand  doUars 


shall  immediately  be  chosen  Governor  by 
joint  vote  of  the  members  of  the  General 
Assembly.  The  i^erson  having  the  greatest 
number  of  votes  polled  for  Lieutenant 
Governor  shall  be  Lieutenant  Governor; 


per  annimi,  i^ayable  qttarterty,  upon  his 
ovm  warrant. 

Art.  66.  The  Governor  shall  have  power 
to  grant  reprieves  for  all  offenses  against 
the  State,  and,  excewt  in  cases  of  impeach- 
but  if  two  or  more  persons  shaU  be  equal  nient,  shaU  with  the' consent  of  the  Senate, 
nd  highest  m  the  number  of  votes  polled ;  ^aye  Dower  to  orant  pardons,  remit  fines 


for  the  Lieutenant  Governor 
shall  be  immediately  chosen  Lieutenant 


Governor  by  joint  vote  of  the  members  of  i  the  end  of  the 


the  General  Assembly 

Aet.  59.  In  o  person  shall  be  eligible  to  the 
office  of  Governor  or  Lieutenant  GoA-ernor 
who  is  not  a  citizen  of  the  United  States, 
and  a  resident  of  this  State  tvoo  years  ]i;-xt 
preceding  his  election  ;"  nor  shall  any  per- 
son be  eligible  to  either  office  who  has  not 
attained  the  age  of  twenty-five  years. 

Aet.  60.  The  Governor  shall  enter  on 


^  ^  ^,         paruons,  remit  fines 

one  of  them  j  and  forfeitures,  after  conduction.  Incases 

grant  rei^rieves  until 
ession  of  the  General 


of  treason  he  mav 


next 


Assembly,  in  which  the  power  of  pardoning 
shall  be  vested. 

Art.  67.  He  shall  be  commander-in- 
chief  of  the  militia  of  this  State,  except 
when  thev  shall  be  called  into  the  service 
of  the  United  St::!-  -. 

Aet.  68.    H.  nominate,  and,  by 

and  T\ith  the  i  _  ;uid  consent  of  the 
Senate,  apiDoint  all  officers   whose  offices 


102  JOURNAL  OF  THE  CONS^ 

are  establish  ed  by  the  Constitution,  and 
"vvliose  aj^pointments  are  not  herein  other- 
Tvise  provided  for;  Provided,  however,  that 
the  Legislature  shall  have  a  right  to  pre- 
scribe the  mode  of  appointment  to  all 
other  offices  established  by  law. 

Art.  69.  The  Governor  shall  have  power 
to  fill  vacancies  that  may  haxDj^en  during 
the  recess  of  the  Senate,  by  granting  com- 
missions wdiich  shall  exj^ire  at  the  end  of 
the  next  session  thereof,  i\nless  otherwise 
jDrovided  for  in  this  Constitution;  but  no 
person  who  has  been  nominated  for  office 
and  rejected  by  the  Senate,  shall  be  ap- 
pointed to  the  same  office  during  the  re- 
cess of  the  Senate. 

Aet.  70.  He  may  require  information,  in 
miting,  from  the  officers  in  the  Executive 
Department  upon  any  subject  relating  to 
the  duties  of  their  respective  offices. 

Aet.  71.  He  shall,  from  time  to  time, 
give  to  the  General  Assembly,  information 
respecting  the  situation  of  the  State,  and 
xecommencl  to  their  consideration  such 
measures  as  he  may  deem  expedient. 

Aet.  72.  He  may,  on  extraordinary  occa- 
sions, convene  the  General  Assembly  at  the 
seat  of  government,  or  at  a  different  place 
if  that  should  have  become  da.ngerous  from 
an  enemy  or  from  epidemic;  and  in  case  of 
disagreement  between  the  two  Houses  as  to 
the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  may  think  pro]oer, 
not  exceeding  four  months;  provided  it  be 
mot  to  a  i^eriod  beyond  the  next  Constitu- 
tional meeting  of  the  same. 

Aet.  73.  He  shall  take  care  that  the  laws 
Le  faithfully  executed. 

Aet.  74.  Every  bill  which  shall  have 
passed  both  Houses  shall  be  presented  to 
the  Governor  ;  if  he  approve,  he  shall  sign 
it,  if  he  do  not,  he  shall  return  it  with  bis 
objections  to  the  House  in  which  it  origi- 
nated, Avhich  shall  enter  the  objections  at 
large  upon  its  journal,  and  proceed  to  re- 
consider it  ;  if,  after  such  reconsideration, 
tv/o  thirds  of  all  the  members  elected  to 
that  House  shall  agree  to  pass  the  bill, 
it  shall  be  sent  with  the  objections 
to  the  other  House,  by  which  it 
shaU  be  likewise  reconsidered,  and  if 
api^roved  by  two  thirds  of  the  members 
elected  to  that  House,  it  shaU  be  a  law;  but 
in  such  cases  the  vote  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  and  the 
names  of  members  voting  for  or  against  the 
Tbill  shall  be  entered  on  the  journal  of  each 
House  respectively,  li  any  bill  shall  not  be 
Tetui'ned  by  the  Governor  v»dthin  five  days 
after  it  shall  have  been  j)resented  to  him,  it 
shall  be  a  law  in  like  manner  as  if  he  had 
signed  it;  unless  the  General  Assembly,  by 
adjournment,  prevent  its  return,  in  Avhich 
case  the  said  bill  shall  be  returned  on  the 


riTUTIONAL  CONTENTION.  ! 

fii-st  day  of  the  meeting  of  the  General  As-  J 
sembly  after  the  expiration  of  said  five  days,  1 
or  be  a  law. 

Aet.  75.  Every  order,  resolution  or 
vote,  to  which  the  concurrence  of  both 
Houses  may  be  necessary,  except  on  a  ques- 
tion of  adjournment,  shall  be  presented  to 
the  Governor,  and  before  it  shall  take 
effect,  be  a|)i3roved  by  him,  or,  being  dis- 
approved, shall  be  repassed  by  a  majority 
of  the  members  elected  to  each  House  of 
the  General  Assembly. 

Aet.  76.  There  shall  be  a  Secretary  of 
State,  who  shaU  hold  his  office  during  the 
term  for  v/hich  the  Governor  shall  have 
been  elected.  The  records  of  the  State 
shall  be  kept  and  i^reserved  in  the  office  of 
the  Secretary  ;  he  shall  keep  a  fair  register 
of  the  official  acts  and  proceedings  of  the 
Governor,  and  when  necessary  shall  attest 
them  ;  he  shall,  when  required,  lay  the  said 
register,  and  all  papers,  minutes  and  vouch- 
ers, relative  to  his  office,  before  either 
House  of  the  General  Assembly,  and  shaU 
perform  such  other  duties  as  may  b©  en- 
joined on  him  by  law. 

Aet.  77.  There  shall  be  a  Treasurer  of 
the  State  and  an  Auditor  of  Public  Accounts, 
who  shall  hold  their  respective  offices  du- 
ring the  term  of  tv^^o  years. 

Aet.  78.  The  Secretary  of  State,  Treasu- 
rer and  Auditor  of  Public  Accounts  shall 
be  elected  by  the  qualified  electors  of  the 
State  ;  and  in  case  of  any  vacancy  caused 
by  the  resignation,  death  or  absence  of  the 
Secretary,  Treasurer  or  Auditor,  the  Gov- 
ernor shall  order  an  election  to  fill  said 
vacancies  ;  Provided,  The  unexpired  term 
to  be  filled  be  more  than  twelve  months  ; 
when  othervvise,  the  Governor  shall  appoint 
a  person  to  perform  the  duties  of  the  office 
thus  vacant  until  the  ensuing  general  elec- 
tion. 

Aet.  79.  The  Treasurer  and  the  Auditor 
shall  receive  a  salary  of  four  thousand  dol- 
lars per  annum  each.  The  Secretary  of 
State  shall  receive  a  salary  of  three  thous- 
and dollars  per  annum. 

Aet.  80.  All  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  State  of 
Louisiana,  and  shall  be  sealed  with  the 
State  seal,  signed  by  the  Governor  and 
countersigned  by  the  Secretary  of  State. 

TITLE  V — JUDICIAEY  DEPAETMENT. 

Aet.  81.  The  judicial  power  shall  be 
vested  in  a  Supreme  Court,  in  district 
courts,  in  parish  courts  and  in  Justices  of 
the  Peace. 

Aet.  82.  The  Supreme  Court,  except  in 
cases  hereinafter  i^rovided,  shall  have  ap- 
pellate jurisdiction  only;  which  jurisdiction 
shaU  entend  to  aU  cases  when  the  matter  in 
dispute  shall  exceed  five  hundred  doUars; 


JOURNAL  OF  TKE  COXSTITUTIOXAL  COZrs'EXTIOX, 


10^ 


.tkT  to  all  cases  in  ^.vhicli  tlie  constitution- J    Aet.  88.  Tlie  .Judges  of  all  coiu'ts  slifO 

refer  to  tlie  law,  in  virtne  of  atMcIi  sv  cli 
jndgnient :  vi^- '  ^  vender ed  in  ev erj  definito 
jiidgnien'.  ■nee  tlie  reasons  onwliicli 

judgment  i-.  :...an.Led. 

Aet.  89.  The  Judges  of  all  courts  sliall 


.litv  or  legality  of  any  tax,  tc'll,  or  impost 
)f  any  idnd  or  nature  wiiatsoever,  sliall  ')2 


n  contestatii 


atever  may 


l;;e  tlie 


imouiit  thereof  ;  and  lilie^dse  to  all  lines, 
brfeitures,    and   penalties.    imiDOsed  by 

nunieipal  corporations,  and  in  such  cases  \  be  liable  to  inii^eachment,  for 
;he  a]:)peal  shall  lie  direct  from  the  conn  in  and  misdemeanors.     For  an; 
vhich  the  case  originated  to  the  Supreme  ^  cause  the  Governor  shall  rei 
Hourt;  and  in  criminal  cases,  on  cjuestions  ;  them  on  the  addi-e-s  of  t^/ 
)f  law  only,  ■vrheneyer  the  i^unishment  of  i  members  elected  to  each  H^^-  . 
ileath.  or  imiDrisonment  at  hard  labor  has  j  eral  Assembly.     In  every 


igh  crimes 
reasonable 
any  of 

'    of  the 
_.^.e  Gen- 
such  case  tho^ 


oeen  inflicted,  or  when  a  line  exceeding  five  I  cause  or  causes,  for  v-liicli  such  remorn.1 


I  may  be  required,  sh 
"^he  address,  and 


length 
;d  in  the  journal 


[lundred  dollars  is  actually  imposed. 

Aet.  83.  The  Supreme  Court  shaU  bejm 
3omposed  of  one  Chief  Justice  and  four  As-  j  of  each  Rouge, 
sociate  Justices;  a  niajc-rity  of  whom  shall  j  Aet.  90.  Xo  duties  or  f mictions  shall 
constitute  a  quorum.  The  Chief  Justice  |  ever  i3e  attached,  by  law,  to  the  Supreme 
shall  receive  a  salary  of  seven  thousand  five  j  or  district  courts  or  the  several  judges 
hundred  doUars,  and  each  of  the  Associate  i  thereof .  but  such  as  are  iu'dicial;  and  the 


Justices  a  salary  of  seven  thousand  dollars,  i  sa 
annually,  payalile  quarterly,  on  their  own  '■  ai  ^ 
warrants.    The  Chief  Justice  and  the  Asso-  i  than  their  salaries  for 
ciate  Justices  sliall  be  appointed  by  the  Gov- 1  xDerformed  hj  them. 


said  judges  are  prohibited  from  recei'sdng 
ly  fees  of  office,  or  other  compensation 


cou 


ernor,  with  the  achice  and  consent  of  the 
Senate,  for  the  term  of  eight  years.  They 
shall  1^  citizens  of  the  United  States,  and 
shall  have  x)i"acticed  law  five  years,  the  last 
thereof  in  this  State  before  tlieh'  appoint- 
ment. The 
clerks;  tliey  ii 
Aet.  S-h^Tl 
its  sessions  in 
the  first  3Iond 
ber  to  the  ent;l 
Legislature  .s]] 
sions  elsewhei 


shall  ax^point  its  own 
lay  remove  them  at  pleasui'e. 
le  Supreme  Court  shall  hold 
vhc  citv  of  Xew  Orloan?  from 
;'y  111  the  month  ^  '  X- -  v-- 
01  til?  month  oV 
all  have  power  i-  .  .  .  ■> 
e  durinrv  the  rest  of  the  vear  ; 


Aet.  91.  The  i^egis 
the  State  into  judici;i I  . 
remain  unchanged  i; 
ject  to   re-organi;:, :  ' 
For  each  district  ■ 
in  the  law,  shah 
electors  of  district ; 
each  district  there  -1  ^ 
except  in  the  citv  of 


mv  oiiicial  duties 

diall  diAude 
which  shall 
and  be  sub- 
sixth  year, 
,„e,  learned 
se  qualiiiecl 
'  vlaw.  For 


sessions  siiaii 


until  otherwise  provii 
be  held  as  heretofore. 

Aet.  85.  The  Supreme  Court,  and  each 
of  the  judges  thereof,  shall  have  povrer  to 
issue  writs  of  /"yb-^as  orpus.  at  the  instance 
of  all  persons  in  actual  custody,  in  all  cases, 
when  they  may  have  appellate  jurisdiction. 

Aet.  8(3.  Xo  judgDient  shall  be  rendered !  by  the  qualified  electors 
by  the  Supreme  Court,  without  the  concur- 1  district  in  the  State. 


shall  be  seveu. 
Xew  Ov^^nn^, 
The  , 

Cou^    _  ,  ,  . ;  _ 

the  ±'ir.^t,  iseeond, 
tri-t  Courts, 


inav  re- 
1  . .  . .  there 
'  ts  for  the  city  of 
.  :._:rted  as  follows: 
■  Probate  Court,  the 
. ...  ju.-stices"  courts,  and 
hird  cind  Fourth  Dis- 
The  number  of  districts  shall 


twentv. 


Clerks  of  courts  shall  be  elected 
of  each  judicial 


rence  of  a  majority  of  the  judges  compos- 
ing the  court.  Whenever  the  majority  can- 
not concur,  in  consequence  of  the  recusa- 
tion of  any  member  of  the  court,  the  judges 
not  recused  shall  have  i^ower  to  call  iqion 
any  judge  or  judges  of  the  district  courts, 
whose  duty  it  shall  be,  when  so  called  uiDon, 
to  j)i'eside  in  the  place  of  the  judge  or 
j  udges  recused,  and  to  aid  in  determining 
the  case. 

Aet,  87,  All  judges  by  wirtue  of  their 
office,  shall  be  conservators  of  the  p)eace, 
throughout  the  State.  The  style  of  all  pro- 
cess shall  be  "The  State  of  Louisiana."  All 


xIet.  92.  Each  of  said  Judges  shall  re- 
ceive a  salary  to  be  fixed  by  law,  which 
shall  not  be  increased  or  diminished  during 
his  term  of  office,  and  shall  never  be  less 
than  five  thousand  dollars.  He  must  be  a. 
citizen  of  the  United  States,  over  the  age 
of  twenty-five  years,  and  have  resided  in 
the  State  and  practiced  lavr  tlierein  for  the 
space  of  two  years  next  preceding  his  eleO' 
tion.  The  judges  of  the  district  court 
shall  hold  their  office  for  the  term  of  thi'eo 
years. 

Aet.  93.  The  district  courts  shall  have 
original  jurisdiction  in  ah  civil  cases,  not 


prosecutions  shah  be  carried  on  in  the  name  I  probate,  when  the  amount  in  disiDute  ex- 
and  by  the  authority  of  "The  State  of ,  ceeds  five  hundred  dollars,  exclusive  of  in- 
Louisiana,"  and  conclude  "Against  the !  terest.  They  shall  have  concm-rent  juris- 
peace  and  dignity  of  the  same. "  I  diction  with  the  parish  courts,  in  i3robate 


JOUEKAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


matters,  wlien  there  exists  a  contestation, 
and  tlie  amount  in  dispute  is  over  five  hun- 
dred dollars,  exclusiye  of  interest.  In 
criminal  cases  their  jurisdiction  shall  be 
unlimited.  It  shall  have  apx^ellate  jurisdic- 
tion in  civil  ordinary  suits,  when  the 
amount  in  dispute  exceeds  one  hundred 
dollars,  exclusi^'e  of  interest. 

Akt.  94.  For  each  ]3arish  court  one  judge, 
learned  in  the  law,  shall  be  elected  by  the 
qualified  ele./tors  of  the  parish.  They  shall 
held  their  offices  for  the  term  of  two  years. 
They  shall  receive  a  salary,  and  fees  to  be 
provided  b^'-  lavr,  urjtil  othervvise  provided. 
Each  parish  judge  sh:ill  receive  a  salary  of 
one  thousand  two  hundred  dollars  per 
?.nuum,  and  such  fees  as  are  nov/  estab- 
lirrliod  l>y  law  for  clerks  of  courts.  He 
sliall  be  a  citizen  of  the  United  States,  and 
shall  have  ^Dracticed  lav7  in  the  State  two 
years  next  preceding-  his  election. 

Aet.  95.  The  parish  courts  shall  have 
concurrent  jurisdiction  with  the  justices 
of  the  i3eace  in  all  cases  vdien  the  amount 
in  controversy  is  more  than  twenty-five 
dollars,  and  less  than  one  hundred  dollars, 
exclusive  of  interest.  They  shall  have  ex- 
clusive original  jurisdiction,  in  ordinary 
suits,  in  all  cases;  when  the  amount  in  dis- 
pute exceeds  one  liundred  dollars,  and 
does  not  exceed  five  hundred  dollars,  subject 
to  an  appeal  to  the  district  court,  in  all 
cases  when  the  amount  in  contestation  ex- 
ceeds one  hundred  dollars,  exclusive  of  in- 
terest. In  probate  matters  they  shall  have 
concurrent  jurisdiction  with  district  courfcsin 
all  cases,  when  there  exists  a  contestation 
or  suit  and  the  amount  in  di  i^ute  exceeds 
five  hundred  dollars.  'In  all  other  cases 
they  shall  have  exclusive  original  jurisdic- 
tion in  probate  matters.  In  criminal  mat- 
ters, the  parisli  court  shall  have  jurisdiction 
in  all  cases  when  the  penalty  is  not  neces- 
sarily imi^risonment  at  hard  labor,  or  death, 
and  when  the  accused  shall  waive  trial  by 
juiy.  They  shall  also  have  the  i30wer  of  a 
committing  magistrate,  and  such  other 
jurisdiction  as  may  be  conferred  ou  them 
hj  law. 

Art.  96.  In  all  probate  matters  when  the 
amount  in  dispute  shall  exceed  five  hundred 
dollars,  exclusive  of  interest,  the  right  of 
aj^peal  direct  from  the  parish  to  the  Su- 
preme Court  shall  exist. 

Aet,  97.  The  Justices  of  the  Peace  should 
be  elected  by  the  qualified  electors  of  each 
•ward  or  district  in  every  parish  within  the 
State  for  the  term  of  two  years;  their  com- 
pensation shall  be  fixed  by  law.  Their  juris- 
diction, in  civil  cases,  shall  not  exceed  one 
liundred  dollars,  exclusive  of  interest — sub- 
ject to  an  appeal  to  the  iDarish  court,  in  all 
cases  when  the  amount  in  dispute  shall  ex- 
ceed twenty-five  dollars,  Exclusive  of  in- 


terest. They  shall  have  such  criminal 
jurisdiction  as  shall  be  provided  for  by  law. 

Aet.  98.  In  all  cases  when  the  Judges 
may  be  recused,  and  when  they  are  not 
personally  interested  in  the  matters  in  con- 
testation, they  shall  select  a,lawyer,  having 
the  qualifications  required  for  Judges  of 
the  courts,  to  try  such  cases.  And  when 
the  Judges  are  personally  interested  in  the 
suit  they  shall  call  wpon  the  parish  or  dis- 
tricl  Judges  as  the  case  may  be,  to  try  the 
cases. 

Aet.  99.  The  General  Assembly  shall 
have  power  to  vest  in  the  parish  Judges  the 
right  to  grant  such  conservatory  orders  as 
may  be  deemed  necessary  for  the  further- 
ance of  the  administration  of  justice,  and 
iji  all  cases  the  pov^^r  thus  granted  shall  be 
specifia.ed  and  determined. 

Aet.  100.  There  shall  be  an  Attorne}'' 
General  for  tlic  State,  who  shall  be  elected 
by  the  quahfied  electors  of  the  State,  and 
one  District  Attorney  for  each  judicial  dis- 
trict in  the  State  who  shall  be  elected  from 
among  those  licensed  to  practice  law  in  this 
State. 

Aet.  101.  A  Sheriff  and  a  Coroner  shall 
be  elected  in  each  parish  by  the  qualified 
electors  of  each  xDarish  for  the  term  of  two 
years.  As  many  constables  as  may  be 
designated  by  law  shall  be  elected  by  the 
registered  voters  of  the  several  districts  or 
wards. 

title  VI — impeachment. 
Aet.  102.  The  power   of  impeachment 
shall  be  vested  in  the  House  of  Rex^resenta- 
tives. 

Aet.  103.  Impeachments  of  the  Gov- 
ernor, Lieutenant  Governor,  Attorney  Gen- 
eral, Secretary  of  State,  State  Treasurer, 
Auditor  of  Public  Accounts,  and  the  judges 
of  the  inferior  courts,  Justices  of  the  Peace 
excepted,  shall  be  tried  by  the  Senate;  the 
Chief  Justice  of  the  Suj^reme  Court,  or  the 
senior  judge  thereof,  shall  preside  during 
the  trial  of  such  impeachment.  Impeach- 
ments of  the  Judges  of  the  Supreme  Court 
shall  be  tried  by  the  Senate.  When  sit- 
ting as  a  court  of  impeachment,  the  Sena- 
tors shall  be  upon  oath  or  affirmations  and 
no  person  shall  be  convicted  without  the 
concurrence  of  a  majority  of  the  Senators 
elected. 

Aet.  104.  Judgments  in  case  of  impeach- 
ment shall  extend  only  to  removal  from  office, 
and  disqualification  from  holding  office  of 
honor,  trust  or  profit  under  the  State  ;  but 
the  convicted  parties  shall,  nevertheless,  be 
subject  to  indictment,  trial  and  punishment 
according  to  law. 

Aet.  105.  All  officers  against  vdiom  arti- 
cles of  impeachment  may  be  preferred, 
shall  be  suspended  from  the  exercise  of 
their  functions  during  the  pendency  of 


JOUENAL  OF  THE  CONSTITUTIONAL  CONYEXTICN. 


105 


uch  imi^eacjimeut  ;  tlie  appointing  power  | 
lay  make  a  pro^dsional  appointment  to  ! 
eplace  any  suspended  officer  until  tlie  i 
.ecision  of  tlie  impeacliment. 

Akt.  106.  Tlie  Legislature  shall  provide 
•y  lav  for  the  trial,    punishment  and  re- , 
loval  from  office  of  all  other  officers  of 
he  State  by  indictment  or  otherwise. 

TITLE  TH — GrXZEAL-  PEOVISIO^'S. 

Aet.  107.    Every  m:.'  :  :  of  the  ac 

if  twt-:itv-r, no  vcfiY^  .  excepti:  - 

>au| 

Lisii 

hail  "  -  :  jii  ij-x. 

rho  ve  bc-eu  ; 

jtate  y-';i.i'  n-'^''- 
nd  the  ia-r  :-ixty  ~\ 

rhich  he  orfers  to  Vi^:t.  ^^L.^ll  .ju  l.l  .^.ieX 
lector. 

Art.  108.  [We  endorse  Art.  97  of  th-, 
Qajority  rej)ort.] 

3Ieiahers  of  the  General  A- -    ..'  ■v,  1 
11  other  officers.  State,  p;::  ■  " 
)al,  shall,  before  ihey  er>  ^ 
)i  their  offices, _tahe 
affirmation:     ''I   do    -       _    ,     -  - 
iffirm)  that  Ih::ve  ii-very  vohxitavily  '>,.Vi:; 
:rms  against  the  Unite  J  'States  sincv^  I  have 
)een  a  citizen  thereof:  ch-.it  I  have  given 
10  voluntary  aid.  countenance,  coun-el  c^t 
ncouragement    to    per-uns    engaged  in 
irmed.  hostility  thereto ;  that  I  have  neither 
ought    nor    accepted,     nor  attempted 

0  exercise  the  functions  of  any  oiriee 
whatever,  under  any  atithority  or  pre- 
lended  authority,  in  hostility  t'>  th- 
Jnited  Stales;  that  I  have  no: 
roluntary  support  to  any  pretend  _ 
nent,  authority,  power  or  cunsiiiULiL  n 
frtithin  the  United  States,  hostile  or  inimical 
;hereto,  and  dici  iic>t  vilfuUy  desert  fr^r'ni 
}he  military  or  naval  service  of  the  United 
States,  or  leave  this  State  to  avoid  the  draft 
luring  the  rebellion:  and  that  I  vill  sup- 
port the  Constitution  and  'awsof  the-  United 
States  and  of  this  Stare,  ajid  that  I  will  faitli- 
[iilly  and  impariially  di>eharge  and  perform 

I'll  the  duties  incuml-eut  on  me  as   

(iccording  to  the  best  of  my  aliilities  and 
inderstanding.    So  hel-p  me  God."" 

Aet.  109.  Treason  against  the  State  shall 
3onsist  only  in  levying  var  against  it.  or  iti 
idliering  to  its  enemies — gi^dng  them  aid 
md  comfort.    Xo  person  shall  be  coiiA'icted 

01  treason  except  on  the  testimony  of  two 
^ntnesses  to  the  same  overt  act,  or  on  his 
confession  in  open  court. 

Art.  110.  All  penalties  shall  be  iDropor- 
tioned  to  the  nature  of  tbe  offense. 

Aet.  111.  The  privilege  of  free  suffrage 
shall  be  supported  by  law^  rcguhiting  elec- 
tions, and  prohibitb:  J .  :v_  ler  adequate  i>cn- 
alties,  all  undue  in:l;._njj   thereon  from 


230wer,  bribery,  tumult  or  other  improper 
practice. 

Art.  112.  No  money  .shall  be  drawn  from 

the  treasury  ljut  in  pursuance  of  specific 
apxn'opriations  made  by  law ;  a  regular 
statement  and  account  of  receij^  ts  and  ex- 
X)eridiLureS  of  all  pubhc  monies  shall  be 
made  annually  in  such  manner  as  shall  be 
prescribed  b"  lav. 

ArT.  U3.  All  civil  officers  of  the  State  at 
■  'e  voters  of  an;l  reside  witliin 
■'■lid  all  di-tri""':  or  p.irisli  officers 

'ricts 
_  es  at 

_    -    ■        lexn  l  S  m.^y  Ije  requntd  by 

"  ■.  111.  Ail  civil  officer-    '       '  e  re- 
le  by  an  ad.;li*ess  of  tW' .  d  the 

"  -    ■    "  -        ^    Uou-e  ei  tlie  Gen- 
those  whose  re- 
lALu'Cc-^  i>  provided  for  by  this 

Constituti-x 

Aet.  115.  In  ..h  elections  by  the  people 
'le  vote  shall  be  taken  by  ballot:   and,,  in 
.1  elections  by  the  Senate  and  House  of 
'  -presentatives,  jointly  or  separately,  the 
^^.ite  -hall  be  given  rd'ci  voce, 

_lei;r.  11-3.  Xo  member  of  Congress  or 
pe::s-.:)ns  holding  or  exercising  any  office  of 
tru-t  or  proht  under  the  United  States  or 
under  any  foreign  power,  shall  be  ehgible 
as  a  member  of  the  General  Assembly,  or 
hold  or  exercise  any  office  of  trust  or  profit 
under  thi-  State. 

Aet.  117.  Xone  but  citizens  of  .  the 
United  States  and  of  this  State  shaU  be  ap- 
n:-.int-d  TO  any  office  of  trust  or  profit  in 

s.    The  law!,  "?uiblic  records  and 

the  iudiL-ial  and  leg:-' v'--'  V  v  ^  ^  ^ceed- 
ings  of  the  >tate  sh;eU  ;  :  ;   d.  pre- 
served and  conducted  m  the  Unghsh  lan- 
guage. 

Aet.  119.  Xo  power  of  suspending  the 
laws  of  thi'^  State  shall  Ive  exercised  exceiDt 
by  the  General  A-.-embly. 

\vET.  120.  The  General  Assembly  sliaU 
establish  a  State  lottery,  and  shall  prohil^it 
the  sale  of  other  State  or  foreign  lottery 
tickets.    Ah  revenues  derived  from  lotteries 


^liall  be  used 


solely  for  educational  and 
raider  the  control  of 


cnaritahie  purpos; 
the  State. 

Art.  121.  Xo  expost'?  fado  or  retroactive 
law,  nor  any  law  impairing  the  obligation 
of  contracts  shall  be  passed;  nor  vested 
rights  lu^  divested,  unless  for  xDurposes  of 
puldic  utihty  and.  for  adequate  comiiensa- 
tion  previously  made. 

Aet.  122.  Yv'henever  the  General  Assem- 
bly shall  contract  a  debt  exceeding  in 
amount  the  sum  of  one  hundred  thousand 
doUars,  unless  in  ca^r^e  of  war,  to  repel  in- 
vasion or  suppress  insurrection,  it  shaU,  in 


106 


JOUENAL  or  THE  CONSTITUTIONAL  CONVENTION. 


the  law  creating  the  debt,  x^rovicle  adequate  I 
ways  and  means  for  the  i^a^^ment  of  the 
current  interest  and  of  the  XDrincipal  when 
the  same  shah  become  due,  and  the  said 
law  shall  be  irrepealable  unless  princii:>al 
and  interest  be  fuhy  i^aid,  or  unless  the  re- 
j)ealing  law  contains  some  adequate  pro- 
vision for  the  payment  of  the  princii^al 
and  interest  of  the  debt. 

Abt.  123.  The  General  Assembly  shall 
provide  by  law  for  change  of  venue  in  civil 
and  criminal  cases. 

Aet."  124.  The  General  Assembly  may 
enact  general  lav/s  regulating  the  adoption 
of  children,  emanciiDation  of  minors  and  the 
granting  of  divorces;  but  no  special  law 
shaU  be  passed  relating  to  j)articular  or  in- 
di"ST.dual  cases. 

Abt,  125.  Every  law  passed  by  the  Gen- 
eral Assembly  shall  embrace  but  one  object, 
and  that  shall  be  expressed  in  the  title. 

Akt.  126.  No  law  shall  be  revived  or 
amended  by  reference  to  its  title;  but  in 
such  case  the  revived  or  amended  section 
shall  be  re-enacted  and  published  at  length. 

Akt.  127.  The  General  Assembly  shall 
never  adopt  any  system  or  code  of  laws  by 
general  reference  to  such  system  or  code  of 
laws;  but  in  all  cases  shall  specify  the  sev- 
eral provisions  of  the  law  it  may  enact. 

Akt.  128.  No  person  shall  hold  or  exer- 
cise, at  the  same  time,  more  than  one  office 
of  trust  or  profit  except  that  of  Justice  of 
the  Peace  or  Notary  Public. 

Akt.  129.  Taxation  shall  be  equal  and 
uniform  throughout  the  State;  all  property 
shall  be  taxed  in  x^roportion  to  its  value,  to 
be  ascertained  as  directed  by  lav^^;  the 
General  Assembly  shall  have  power  to  ex- 
empt from  taxation  x^roperty  actually  used 
for  church,  school  or  charitable  purx^oses. 
The  General  Assembly  may  levy  an  income 
tax  ux^on  all  x^ersons  x^^i^^suing  any  occuxDa- 
tion,  trade  or  calHng,  and  all  such  x^ersons 
shall  obtain  a  license,  as  provided  by  law; 
all  tax  on  income  shall  be  pro  rata  on  the 
amount  of  income.  The  General  Assembly 
shall  Iqyj  a  x^oll  tax  on  all  male  inhabitants 
of  this  State,  over  twenty-one  years  old, 
for  school  and  charitable  x^'^^i^poses,  which 
tax  shall  never  exceed  one  dollar  and  fifty 
cents  per  annum. 

Akt.  130.  None  of  the  lands  granted  by 
Congress  to  the  State  of  Louisiana  for  aid- 
ing in  constructing  the  necessary  levees  and 
drains  to  reclaim  the  swanajD  and  overflowed 
lands  of  the  State,  shall  be  diverted  from 
the  x^ui'x^ose  for  which  they  were  granted. 

Akt.  131.  Obligations  for  the  sale  of  x^er- 
sons  in  the  x^ast  and  still  unexecuted,  are 
null  and  void,  and  shall  not  be  enforced  hj 
the  courts  of  this  State. 

Art.  132.  No  hability,  either  State,  x^aro- 
chial  or  niunicix)al,  shail  exist  for  any  debts 


contracted  for  or  in  the  interest  of  the  re- 
belhon  against  the  United  States  Govern- 
ment. 

Art.  133.  The  General  Assembly  may  de- 
termine the  mode  of  filling  vacancies  in  aU 
ofiices  for  which  provision  is  not  made  in 
this  Constitution. 

Art.  134.  The  _  General  Assembly  shaU. 
pass  no  laAv  requiring  a  x^rox^erty  qualifica- 
tion for  office,  either  State,  x-^arish  or  muni- 
cix3al. 

xlU  officers  sha^h  continue  to  discharge 
the  duties  of  their  offices  until  their  suc- 
cessors shall  have  been  inducted  into  office. 

Art.  135.  The  General  Assembly  shall 
Xorovide  for  the  protection  of  the  rights  of 
married  Avomen  to  their  paraxDhernal  x^i'o- 
X3erty  and  for  the  rsgistration  of  the  same, 
but  no  mortgage  or  privilege  shaU  hereaf- 
ter affect  third  x^arties  unless  recorded  in 
the  parish  where  the  property  to  be  af- 
fected is  situated.  The  tacit  mortgages 
and  x^rivileges  now  existing  in  this  State 
shall  cease  to  have  effect  against  third  per- 
sons after  the  first  day  of  January,  one 
thousand  eight  hundred  and  seventy,  un- 
less duly  recorded.  The  General  Assembly 
shall  x^i'ovide  by  law  for  the  registration 
of  all  mortgages  and  x^rivileges. 

Art.  136.  The  General  Assembly  at  its 
first  session  under  this  Constitution  shall 
X3rovide  an  annual  pension  for  the  veterans 
of  1811  and  1815. 

Art.  137.  The  General  Assembly  at  its 
first  session  under  this  Constitution  shall 
Xarovide  for  the  registration  of  voters 
throughout  the  State,  and  no  one  shall  be 
X^erniitted  to  vote  unless  registered. 

Art.  138.  The  seat  of  government  shall 
m  established  at  the  city  of  Baton  Eouge, 
and  shall  not  be  removed  without  the  con- 
sent of  two  thirds  of  the  m^embers  of  botli 
Houses  of  the  General  Assembly. 

Art.  139.  No  other  currency  than  es- 
tablished by  the  United  States  shall  be  cir- 
culated in  this  State. 

Art.  110.  All  x^ersons  who  were  formally 
debarred  by  slavery  from  legally  contract- 
ing matrimony  in  this  State,  who  have  lived 
together  as  husband  and  v\^ife  for  three  con- 
secutive years  x^rior  to  the  adoption  of  this 
Constitution,  shall  be  deemed,  after  the 
adox3tion  of  this  Constitution,  in  all  courts 
of  justice,  as  husband  and  wife,  and  their 
offsx^ring  as  their  legal  heirs,  as  though  said 
disability  had  never  existed. 

TITLE  Vm — MILITIiV. 

Art.  141.  It  shall  be  the  duty  of  the  Gen- 
eral Assembly  to  organize  the  militia  of  the 
State,  and  all  able-bodied  male  citizens,  be- 
tween the  ages  of  eighteen  and  forty-five 
years,  who  are  not  disfranchised  by  the 
Constitution  and  laws  of  the  United  States 


JOUEXAL  OF  THE  COXSTITUTIOXAL  COXYEXTION. 


107 


I  of  tliis  State,  sliall  be  liable  to  militia  j 

^ET.  142.  The  GoTemor  shall  appoint  I 
commissioned  officers,  subject  to  con- 
nation  or  rejection  by  the  Senate.  All 
itia  officers  sliall  take  and  subscribe  the 
h  pre.-cribed  for  officers  of  the  United 
,tes  army  and  the  oath  required  of  all 
cers  in  the  State. 

LE    IX — COEPOEATION    OP    THE    CITY  OP 
XEW  OEIiEAXS. 

iET.  143.  The  corporation  of  the  city  of 
w  Orleans  shall  be  the  parish  of  Orleans, 
e  right  bank,  as  now  existing,  shall  be  the 
:tli  District,  the  other  districts,  as  now 
sting,  shall  not  be  altered. 
\jiT.'~  1-14.  The  citizens  of  the  city  of 
w  Orleans  shah  have  the  light  of  ap- 
Lnting  the  several  piibHc  officers  necessa- 
for  the  administration  of  the  i^olice  of 
d  city,  pursuant  to  the  mode  of  elec- 
ns  -which  shall  be  jDrescribed  by  the 
gislatiire ;   Proricled,    That  the  Mayor 

I  Eecorders  shall  be  inelligible  to  a  seat 
the  General  Assembly  ;  and  the  Mayor 
i  Eecorders  shall  be  comraissioned  by 

Governor  as  Justices  of  the  Peace,  and 
Legislature  may  vest  in  them  such 
minal  jurisdiction  as  may  be  necessary 

the  punishment  of  minor  ofienses,  and 
the  police  and  good  of  said  city  may  re- 
ire.  The  city  of  New  Orleans  shall  main- 
n  a  police  which  shall  be  uniformed  with 
tinction  of  grade,  at  the  exx3enses  of  the 
y,  to  consist  of  permanent  citizens  of 
3  State  of  Louisiana,  to  be  selected  by 
3  Mayor  of  the  city,  and  to  hold  office 
ring  good  behavior,  and  removable  only 

a  police  commission  com^Dosed  of  five 
izens  and  the  Mayor,  who  shall  be 
esident  of  the  board.    The  commission 

be  appointed  by  the  Governor  of  the 
ate  for  the  term  of  two  years,  at  a  salary 

not  less  than   one  thousand  dollars 

annum  ;  a  majority  of  whom  shall  re- 
)Ye  for  delinquencies.  Members  of  the 
lice  when  removed  shall  not  again  be 

ible  to  any  position  on  the  police  for  a 
:m  of  one  year.  All  cpialified  electors  in 
6  city  of  Xew  Orleans  shall  be  eligible  to 
L've  on  the  pohce  of  said  city,  Interfer- 
g  or  meddling  in  elections  in  any  manner 

II  be  a  sufficient  cause  for  instant  dismis- 
L  from  the  jDolice  by  the  board.  The 
lief  of  Police  shall  give  a  x^enal  bond  in 
e  sum  of  ten  thousand  dollars  ;  Lieute- 
nts  of  Pohce,  five  thousand  dollars ;  Ser- 
ants  and  Clerks,  each  three  thousand  dol- 
-■s ;  Corporals,  two  thousand  doUars  ;  and 
ivates,  one  thousand  dollars  ;  with  good 
.d  solvent  security,  as  the  law  directs^  for 
e  faithful  performance  of  their  duties, 
le  various  officers  shall  receive  a  salary  of 
►t  less  than  the  f  olio  win  o,-  rates  : 


The  Chief  of  Pohce ....  S250  -pev  month. 

The  heuteiiants  of  police,  150  "  " 

The  ser<i-eants  of  i3ohce.  100  "  " 

The  clerks  of  police. .  . .  100  " 

The  corporals  of  xDolice.    90  " 
The  privates    (dav  and 

night)  each..".   SO  "  " 

TITLE  X — PUBLIC  EBrCATIOX. 

Art.  145.  The  Legislature  shall  estabHsh 
at  least  one  free  pubhc  school  in  every 
parish  thi'oughout  the  State,  and  shah  xdio- 
vide  for  their  support  by  taxation  or  other- 
vise.  All  children  of  this  State  between 
the  ages  of  six  (6)  and  twenty-one  (21)  shall 
be  admitted  to  the  xDublic  schools  or  other 
institutions  of  learning  sustained  or  estab- 
lished by  the  State,  in  common,  without 
distinction  of  race,  color,  or  previous  con- 
dition. There  shaU  be  no  sej^arate  schools 
or  institutions  of  learning  estabhshed  for 
any  exclusive  race  by  the  State  of  Louisiana. 

Aet.  146.  Xo  municipal  corporation  shall 
make  any  rules  or  regulation  contrary  to 
the  sx}irit  and  intention  of  this  article. 

Aet.  147.  There  shah  be  elected  by  the 
people  of  this  State,  a  Superintendent  of 
Pnbhc  Education,  who  shah  hold  his  office 
for  two  (2)  years.  His  duties  shall  be  pre- 
scribed, and  his  sala,ry  shall  be  $3000  per 
year,  payable  quarterly  upon  his  own  war- 
rant. 

Aet.  148.  The  Superintendent  of  PubHc 
Education  shall  have  the  supervision  and 
the  general  control  of  all  public  schools 
throughout  the  State. 

Aet.  149.  The  general  exercises  in  the 
iDubhc  schools  shall  be  conducted  in  the 
English  langnage. 

Ajrt.  150.  The  proceeds  of  the  lands  here- 
tofore, and  that  which  may  hereafter  be 
granted  by  the  United  States  to  this  State 
for  the  use  or  purpose  of  the  pubHc  schools 
of  the  State,  and  the  proceeds  of  the  estates 
of  deceased  persons  to  which  the  State  may 
become  entitled  by  hw,  shall  be  and  re- 
I  main  a  perpetual  fund,  on  which  the  State 
shall  pay  an  annual  interest  of  six  (6)  per 
cent.,  which  interest,  together  with  the  in- 
terest of  the  trust  fund  deposited  vith  the 
State  by  the  United  States  under  the  act  of 
Congress,  approved  June  23,  1836,  and  all 
the  rents  of  the  unsold  lands,  shall  be  ap- 
propriated to  the  support  of  such  schools. 
And  this  approi^riation  shall  remain  in- 
violable. 

Aet.  151.  All  monies  accruing  from  the 
sales  which  have  been  or  may  be  heretofore 
made  of  any  lands  heretofore  granted 
by  the  United  States  to  this  State  for  the 
use  of  any  instiuttion  of  learning  what- 
ever, (or  from  any  kind  of  donation  for 
the  purj^ose  of  estabhshing  school  or 
schools,  or    any  institution  of  learning 


108 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


wliatever),  shall  be  and  remain  a  x^erpetnal 
fund,  tlie  interest  of  which,  at  six  (6)  per 
cent,  per  annum  shall  be  ap]3ropriated  to 
the  exclusive  benefit  of  the  said  school  or 
schools  or  institution  of  learning;  and  no 
law  shall  be  made  diverting  said  funds  to 
any  other  use  than  to  the  establishment  and 
benefit  of  said  institution  of  learning.  The 
Legislature  shall  have  power  to  raise  funds 
for  the  organization  and  sujDport  of  said 
institution  in  such  manner  as  it  may  deem 
best. 

Aet.  152.  No  appropriation  shall  be 
made  by  the  Legislature  for  the  support  of 
any  private  school  or  any  private  institution 
of  learning  whatever. 

Aet.  153.  A  university  shall  be  estab- 
lished and  maintained  in  the  city  of  New 
Orleans.  It  shall  be  composed  of  six  facul- 
ties, to  wit  :  one  of  law,  one  of  medicine, 
one  of  natural  science,  one  of  letters,  and 
one  of  industrial  science,  and  one  of  the 
theor}''  and  practice  of  teaching.  The 
Legislature  shall  provide  by  lav/  for  its  or- 
ganization and  maintenance,  Provided, 
That  all  departments  of  this  institution  of 
learning  shall  be  open  in  common  to  all 
students  capable  of  matriculating.  No 
rules  or  regulations  shall  be  made  by  the 
trustees,  faculties  or  other  officers  of  said 
institution  of  learning,  nor  shall  any  laws  be 
made  by  the  Legislature  violating  the  letter 
or  spirit  of  this  article,  under  penalty  of  the 
annulling  of  the  charter  of  said  institution. 

Art.  154.  All  colleges,  seminaries,  acad- 
emis,  schools,  institutions  of  learning  of 
what  nature  soever,  whether  literary,  legal, 
medical,  military  or  individual,  authorized 
by  the  Legislature,  and  under  the  control 
of  this  State,  shall  be  open  in  common  to 
all  classes  of  students. 

Aet.  155.  Institutions  for  the  sup^Dort 
and  education  of  the  insane,  the  blind  and 
the  deaf  and  dumb,  shall  always  be  fostered 
and  supported  by  the  State,  and  be  sub- 
ject to  such  regulations  as  mxay  be  pre- 
sented by  the  G-eneral  Assembly,  not  in 
conflict  with  any  provisions  of  this  Con- 
stitution. 

TITLE  XI — BOAED  OF  PUBLIC  WOEKS. 

Aet.  156.  There  shall  be  a  Board  of  Pub- 
lic Works,  to  consist  of  one  commissioner 
from  each  congressional  district  of  the 
State. 

The  commissioners  so  appointed  shall 
hold  office  for  the  term  of  two  years,  and 
be  a  resident  of  their  respective  districts. 

Aet.  157.  The  General  Assembly,  at  its 
first  session  after  the  adoption  of  this  Con- 
stitution, shall  x]»rovide  for  the  organization 
of  the  Board  of  Public  Works,  prescribe  its 
duties  and  fix  the  compensation  of  all  em- 
ployees of  the  Board  of  Public  Works  and 
the  commissioners  thereof. 


Aet.  158.  The  commissioners  and  sucli 
of  the  officers  employed  on  the  publi( 
works  as  may  be  determined  by  the  Gen- 
eral Assembly,  shall  give  such  bond  foi 
the  faithful  xDerformance  of  their  duties 
shall  be  j)rescribed  by  law. 

TITLE  XII — MODE  OF   EEVISING  THE  CONSTI- 
TUTION. 

Aet.  159.  Any  amendment,  or  amende 
ments  to  this  Constitution,  may  be  pro- 
loosed  in  the  Senate  or  House  of  Eepresenta- 
tives,  and  if  the  same  shall  be  agreed  to  bj! 
three  fourths  of  the  members  elected  to  eacll 
House,  such  proposed  amen-dment  or  amend  I 
ments  shall  be  submitted  to  the  joeople  at  ai 
election  to  be  ordered  by  said  Legishiture  anc  i 
held  within  ninety  days  after  the  adjourn 
ment  of  the  same,  and  after  thirty  days'  pub 
lication  according  to  law,  and  if  a  majority  o;i 
the  voters  at  said  election  shall  approval 
and  ratify  such  amendment  or  amend 
ments,  the  same  shall  become  a  i^art  of  th( 
Constitution.  If  more  than  one  amend- 
ment be  submitted  at  a  time,  they  shall  b< 
submitted  in  such  manner  and  form  thai 
the  people  may  vote  for  or  against  eacl 
amendment  sexDarately. 

TITLE  Xin — EXEMPTIONS. 

Aet.  160.  The  personal  property  o 
every  resident  of  this  State,  to  consist  o 
such  property  only  as  shall  be  designatec 
by  law,  shall  be  exempted  to  the  amount  o 
five  hundred  dollars,  from  sale  on  execii 
tion  or  other  final  process  of  any  court 
issued  for  the  collection  of  any  debt  con- 
tracted after  the  adoption  of  this  Consti 
tution. 

Aet.  161.  Every  homestead  of  eighty 
arcres  of  land,  and  the  dw^elling  house; 
thereon,  and  the  appurtenances,  to  bi 
selected  by  the  owner  thereof,  and  not  in 
eluded  in  any  tov/n  plat,  city  or  village,  o 
recorded  town  i^lat,  or  such  parts  of  lots  a 
shall  be  equal  thereto,  and  the  dvv^ellinj 
house  thereon  and  its  appurtenances  owne< 
and  occupied  by  any  resident  of  the  State 
not  exceeding  in  value  one  thousand  dol 
lars,  shall  be  exempt  from  forced  sale  oi 
execution  or  any  other  final  process  from  i 
court,  for  any  debt  contracted  after  tb 
adoption  of  this  Constitution ;  such  eis 
emption  shall  not  extend  to  any  mortgag 
thereon  lawfully  obtained,  but  such  mort 
gage  or  other  alienation  of  such  land  by  th 
owner  thereof,  if  a  married  man,  shall  no 
be  valid  without  the  signature  of  the  wif< 
of  the  same. 

TITLE    XIV — SCHEDULE. 

Aet.  162.  The  ordinance  of  secession  c 
the  State  of  Louisiana,  passed  26tli  January 
1861,  is  hereby  dechxred  to  be  nuU  an< 
void.    The  Constitution  adopted  in  1864| 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


109 


ncl  all  previous  constitutions  in  the  State  j 
f  Lonisianca  are  declared  to  be  suiDerseded  j 
J  this  Constitution.  j 
Aet,  163.  All  rights,    actions,  j^rosecu-  j 
ons,  claims,  contracts,  and  all  laws  in  force  i 
t  the  time  of  the  adoption  of  this  Consti- ' 
ition,  and  not  inconsistent  therewith,  shall 
ontinue  as  if  the  same  had  not  been  adopt- 
d.    All  judgments    and    judicial  sales, 
larriages  and  executed  contracts,  made  in  I 
ood  faith  and  and  in  accordance  Vvith  ex-  \ 
sting  laws  in  this  State,  rendered,  made, 
r  entered  into  between  the  26th  January, 

861,  and  the  date  when  this  Constitution 
tiaU  be  adopted,  are  hereby  declared  to  be 
alid,  except  the  following: 

An  act  to  authorize  the  widening  of 
lie  New  Canal  and  Basin,"  approved  March 
4,  1867. 

An  act  to  amend  and  re-enact  the  121st 
ection  of  an  act  entitled  '  An  act  relative 
D  crimes  and  offenses,'  "  apxDroved  Decem- 
•er  20,  1865. 

An  act  for  the  punishment  of  persons 
or  tami^ering  with,  iDersuading  or  enticing- 
way,  harboring,  feeding  or  secreting 
iborers,  servants  or  apprentices,"  ajD- 
roved  December  21,  1865, 

"  xln  act  to  i^unish,  in  certain  cases,  the 
mployers  of  laborers  and  aiDprentices, " 
pin'oved  December  21,  1865. 

■  An  act  to  postpone  all  seizui'es  for  city 
axes,"  certified  16th  March,  1866; 

'  An  act  in  relation  to  exemption  from 
)tate.  parish  and  city  taxes  for  the  years 

862,  ' 1663.  1845  and  1865,  in  certain  ciises, " 
ertified  16th  March,  1866. 

Section  3d  of  "  An  act  to  create  a  Police 
5oard  for  the  city  of  New  Orleans,"  passed 
Teh.  12th,  1866. 

'  An  act  gi-anting  ferry  j)ri^iieges  to  C. 
I.  Marshall,  his  heirs  or  assigns,"  approved 
yiarch  16,  1867. 
"An  act  to  authorize  the  Board  of  Levee 
ommissioners,  of  the  levee  district  in  the 
Darishes  of  Madison  and  Carroll,  to  issue 
)onds,  etc.,  etc,"  a^Dproved  March  28, 
L867. 

An  act,  115,  of  the  General  Assembly  of 
L867,  issuing  four  miUion  dollars  levee 
Dondsi? 

Aet.  164.  The  laws  relative  to  the  duties 
3f  officers  shall  remain  in  force,  though 
ontrary  to  this  Constitution,  and  the  sev- 
eral duties  be  performed  by  the  respective 
officers  until  the  organization  of  the  Gov- 
ernment under  this  Constitution. 

Aet.  165.  The  Legislatui'e  shall  provide 
for  the  removal  of  causes  now  pending  in 
the  courts  of  this  State  to  courts  created 
by  or  under  this  Constitution. 

OEDEnAXCE. 

Aet.  166.  Immediately  ui^on  the  adjourn- 
mcut  of  tliis  Coayentiou,  this  Constitution 


shall  be  submitted  for  ratification  to  the 
registered  voters  of  the  State,  in  conformity 
to  the  act  of  Congress  entitled  "An  act  to 
X^rovide  for  the  more  efiicient  government 
of  the  rebel  States,"  and  the  acts  supple- 
mentary thereto. 

Aet.  167.  On  the  same  day  that  an  elec- 
tion is  held  to  ratify  this  Constitution,  an 
election  shall  be  held  throughout  the  State 
for  all  State,  parish  and  municix)al  officers 
elected  by  the  i3eox)le.  The  Legislature 
elected  under  the  pro^dsions  of  this  article 
shall  assemble  in  the  city  of  New  Orleans. 

Aet.  168.  Previous  to  the  adjournment 
of  this  Convention,  the  President  shall  sub- 
mit the  name  of  one  person  for  confirma- 
tion as  register  in  each  and  every  parish  in 
this  State,  excejDt  the  city  of  New  Orleans, 
in  which  he  shall  ax^point  one  register  for 
every  district,  as  x^rovided  for  in  this  Con- 
stitution, whose  duty  it  shall  be  to  provide 
for  the  receiving  of  the  votes  of  the  quali- 
fied electors  of  the  State  for  the  officers  to 
be  elected,  as  x^i'o^ided  for  in  this  Consti- 
tution. 

Mr.  Cooley,  Chairman  of  the  committee, 
submitted  an  additional  section  to  the  rexDort 
under  the  title  of  "Militia,"  which  w^as,  by 
consent,  incorporated  in  the  report  of  the 
majority. 

Mr.  Crane,  of  Orleans,  moved  to  x^rint 
500  cox^ies  of  each  report  Adopted, 

The  Convention,  on  motion  of  Mr.  Crane, 
of  Orleans,  adjourned  until  10  o'clock  A.  M, 
on  Monday  next. 
A  true  copy  : 

WM.  VIGEES,  Secretary. 

TWENTY-SECOND  DAY. 
New  Oeleaxs,  Monday,  Dec.  23,  1867. 
Pursuant  to  adjournment,  the  Conven- 
tion was  called  to  order  at  10  o'clock  a.  m. 
by  President  J.  G.  TaHaferro. 

There  being  no  quorum  present,  the  Con- 
vention, on  motion,  took  a  recess  of  haK 
an  hour*. 

At  113^  o'clock  the  roll  was  again  called 
by  the  Secretary,  and  a  quorum  was  found 
to  be  present — 68  members. 

The  Secretary  x^^roceeded  to  read  the  min- 
utes of  the  previous  session,  which,  on  mo- 
tion, were  adox)ted. 

OEIGIXAL  SESOLLTTICNS. 

By  Mr.  Cooley,  of  Point  Coux^ee: 

Be  it  ordained  hi/  tlie  ConstiUttiGmd  Con- 
ventw.i  of  the  St^d:-  of  Louisdma.  Section 
.  1.  I'he  ordinance  passed  by  the  Conven- 


110 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


tion  on  tlie  twelftli  day  of  December,  1867, 
providing  for  the  issuing  of  three  hundred 
thousand  dollars  of  Ijonds,  to  raise  money 
to  pay  the  expenses  of  this  Convention,  be 
and  is  hereby  repealed,  the  X3arty  who  en- 
gaged oblig<irr>il  himself  to  discount  the 
said  bonds  li: I \-ing  comi^iletely  failed  to  ful- 
fil his  contract. 

Sec.  2.  Be  it  furtlter  on! > lined,  That  the 
warrants  for  the  pyy  of  members  and  otli- 
cers,  under  the  said  ordinance,  shall  be 
paid  by  the  Treasurer  of  this  State  out  of 
any  funds  to  the  credit  of  the  State  Con- 
stitutional Convention  in  the  Treasury  of 
the  State. 

Lies  over. 

By  Mr.  F.  Marie,  of  Terrebonne  : 

AN  OKDINANCE  FOB  THE  EELIEE  OF  LABOEEKS. 

Wheeeas,  The  plantation  owners  are  un- 
willing to  sell  or  lease  to  the  laborers  their 
uncultivated  lands  for  a  reasonable  price, 
but,  on  the  contrary,  ask  enormous  sums. 

Wheeeas,  Those  exhorbitant  prices  are  an 
imi^ediment  to  the  agricultural  i^rosperity 
of  the  State;  and 

Wheeeas,  Such  an  impediment  prevents 
the  laborers  from  creating  reasonable  work 
for  themselves  according  to  their  faculties  ; 
and 

Wheeeas,  Consequently  the  largest  and 
most  useful  class  of  ihe  people  of  Louisiana 
are  suffering  from  this  state  of  affairs;  there- 
fore, be  it 

Resolved,  That  the  uncultivated  lands 
shall  in  future  be  subject  to  taxation  double 
that  of  the  cultivated  lands. 

Resolved,  That  it  shall  be  the  duty  of  the 
next  Legislature  convened  in  this  State, 
after  the  ado]:)tion  of  this  Constitution,  to 
pass  such  laws  as  may  be  deemed  i^roper, 
requiring  the  Assessors  in  their  res'pective 
districts  to  assess  such  uncultivated  lands, 
so  as  to  conform  to  the  views  of  this  ordi- 
nance. 

Referred  to  the  Committee  on  General 
Provisions. 
By  Mr.  Charles  Smith,  of  Orleans: 
Wheeeas,  The  State  of  Louisiana  is  one 
of  the  largest,  if  not  the  largest  stock- 
holder, and  next  to  the  city  of  New  Orleans, 
in  the  Greatwestern  and  Opelousas  Raikoad; 
and 

Wheeeas,  Its  financial  affairs  apx^ear  to 
be  aj)proaching  a  disastrous  crisis;  there- 
fore, be  it 

Resolved,  That  a  committee  of  five  be  ap- 
pointed to  examine  the  books  and  i^aj^ers 
and  records  of  said  railroad,  and  report  to 
this  Convention  its  financial  condition  and 
the  status  of  the  persons  under  whose  con- 
trol it  at  present  remains. 

Lies  over. 


eepoets  of  standing  committees. 
Committee  on  Enrollment — Progress.-' 
Committee  on  the  Executive — Progr^ 

eepoet  of  the  special  committee  J 
Mr.  S.  Belden,  on  behaK  of  the  spej 
committee  appointed  to  await  upon  Geni 
Hancock,  submitted  the  following  rej 
which  was  received  and  the  committee  ( 
charged :  : 
To  the  President  and  gentlemen  of  the  Conventio:] 

The  undersigned,  special  committee 
pointed  to  confer  with  General  W.  S.  H 
cock,  Commander  of  the  Fifth  Military  ] ' 
trict,  upon  the  subject  of  payment  of 
commissioners  of  the  late  election  for  d 
gates  to  this  Convention,  beg  leave  to 
port  that  they  have  had  an  agreeable  and  t 
satisfactory  interview  with  the  Command 
General  upon  the  subject  of  their  missi 
who   gave  his  opinion  that  the  matter 
longed  exclusively  to  his  jurisdiction  ue 
the  "reconstruction"  laws  of  Congress 
commander  of  this  district.  The  General  s 
gested  to  us,  in  connection  with  the  subj 
that  it  had  not  yet  been  decided  whet 
the  said  commissioners  were  entitlecli 
compensation    or    not,     but  that 
would     at     once    correspond  with 
predecessor.    Major    General  Sheric 
through    Colonel    Gentry,    late  Se 
tary  of  Civil  Affairs,   and  learn  his 
tentions  as  to  whether  they  were  to  rec( 
compensation  or  not_  and  that  the  ques' 
would  be  determined  by  the  charactei 
his  rex^ly.    If  his  decision  should  be  in 
affirmative,  they  would  be  at  once  paid  f 
the  "reconstruction"  fund  under  his  < 
trol. 

unfinished  business. 

By  Mr.  Smith,  of \ Orleans: 

Wheeeas,  There  has  been  no  com; 
tee  appointed  to  investigate  the  city  c 
ter  of  New  Orleans ;  and 

Wheeeas,   The  Legislature  of  1867  b; 
enactments  i)assed  laws  depriving  loyal 
zens  of  rights  clearly  enjoyed  under 
Constitution  of  the  United  States;  tl 
fore,  be  it 

Resolved,  That  a  committee  of  nine 
ap}Dointed  by  the  chair,  to  be  known 
Committee  on  City  Charter,  whose  du' 
shall  be  to  examine  said  charter  and  re 
to  the  Convention  the  changes  dee 
necessary  to  secure  the  equal  rights  c 
citizens  of  said  city,  without  regard 
race,  color  or  previous  condition. 

Mr.  Smith  moved  to  adopt. 

Mr.  Bertonneau  moved  to  lay  on 
table.  Adopted. 

By  Mr.  Burrel,  of  St,  John  the  Bap; 


JOURNAL  OF  THE  GOXSTITUTIOXAL  CONVENTION. 


Ill 


Wheeeas,  That  Sunday,  the  first  day  of 
the  week,  is  set  apart  by  Christian  nations, 
as  a  day  of  rest  and  worship  to  Ahnighty 
God  ;  therefore,  be  it 

Resolved,  That  the  Legishitare  of  this 
State  shall  pass  such  suitable  laws  as  -Vvill 
forbid  all  secular  labor  on  the  Salibath  day 
as  weh  as  to  i^revent  the  indulgence  of  such 
practice  as  tend  to  deprave  the  morals  of 
the  community,  that  x^'^igilistic  encounters, 
gambhng,  horse-racing  and  other  immoral 
practices  be  strictly  prohibited. 

IlesoIre'I,  That  the  parish  and  municipal 
authorities  of  this  State  held  by  legislatiYe 
enactments  be  strictly  responsible  under 
severe  i^enalties  for  the  enforcement  of 
these  laws. 

Mr.  Burrel  moved  to  adopt. 

Mr.  Cooley,  of  Point  CouiDee,  moved  to 
lay  on  the  table.  Adopted. 

By.  Mr.  Bonseigneur,  of  Orleans: 

Resolved,  That  it  shall  be  the  duty  of  the 
first  Legislature  convened  in  this  State 
after  the  adoption  of  this  Constitution  to 
ascertain  the  total  indebtedness  of  the 
State,  and  to  issue  bonds  therefor  having 
not  more  than  (40)  forty  years  to  run,  and 
bearing  interest  at  the  rate  of  (6)  six  per 
cent,  per  annum,  payable  in  United  States 
currency  at  maturity;  and  in  order  to  pro- 
Tide  for  the  prompt  iDayment  of  said  bonds 
at  matui'ity,  there  shall  be  annually  assessed 
and  collected  a  tax  of  two  (2)  mills  upon 
each  dollar's  worth  of  taxable  proiDerty,  in 
addition  to  all  other  taxes,  to  be  appHed  to 
the  redemption  of  said  bonds  at  maturity. 

Mr.  Bonseigneur  moved  to  adoi^t: 

The  chair  decided  the  resolution  out  of 
order. 

By  Mr.  Twitchell,  of  Biem-ille: 
Resolred.  That  meniiDers  be   limited  to 
ten  minute  of  time  in  all  speeches,  except 
by  permission  of  two  thirds  of  the  Conven- 
tion. 

Mr.  Harper  moved  to  amend  by  insert- 
ing 30  minutes. 

Mr.  Eodiig-uez  of  Orleans,  moved  to 
lay  on  the  table  the  resolution  and  amend- 
ment. Adopted. 

Mr.  J.  H.  Ingraham  remarked  that  there 
"were  errors  in  the  printed  report  of  the 
minority  rei^ort  on  the  di'aft  of  the  Consti- 
tution. 

Mr.  Underwood  moved  it  be  referred 
back  to  the  Official  Printer  to  have  the 
errors  corrected.  Tabled. 

Mr.  Jones  moved  to  adjourn  until 
}{    Thui'sday  and  make  the  report  the  order 


of  the  day  for  10  o'clock  a.  m.  on  that 
day. 

Mr.  Cooley  moved  to  adjourn  till  Tiies- 
day,  the  24th  inst.  at  10  o'clock  a.  3i. 

Mr.  Hiestand  moved  to  amend  by  sub- 
stituting 3%  o'clock  p.  31.  this  day.  Car- 
ried. 

Monday,  Dec.  23,       o'clock  f. 

The  Convention  was  called  to  order  and 
a  quorum  was  found  to  be  present. 

Mr.  Cooley  produced  a  certificate  from 
the  State  Treasui'er,  stating  that  no  money 
had  been  deposited  to  the  credit  of  the 
Convention.  He  moved  that  the  rules  be 
suspended  and  that  his  resolution  be 
adopted. 

The  Convention  refused  to  suspend  the 
rules. 

Judge  Cooley,  in  view  of  the  holidays, 
moved  to  adjoui-n  until  the  2d  of  January, 
1868. 

There  were  numerous  motions  made  to 
adjourn  to  a  nearer  date. 

A  motion  to  adjourn  till  Tuesday,  the 
24th,  at  11  o'clock  a.  m.,  was  lost. 

One  to  adjourn  till  Thursday  next,  also 
lost. 

Mr.  Jones  moved  that  when  this  House 
adjouims,  it  adjourns  until  11  o'clock, 
Thursday,  the  26th  instant. 

Mr.  Pinchback  moved  to  adjourn  until 
Tuesday  at  10  o'clock  a.  3i. 

Mr.  Jones  asked  permission  of  the  Con- 
vention that  Mr.  Paige,  of  the  New  Or- 
leans Eei3ublican,  be  allowed  to  make  an 
exi^lanation  of  the  ordinance  which  had 
been  adopted. 

Mr.  EodrigTiez,  of  Orleans,  was  called  to 
the  chair.  After  some  discussion,  at  6  o'clock, 
the  Convention  adjourned  until  to-morrow 
at  11  o'clock,  Mr.  ■WiekHff'e,  of  Orleans, 
being  then  entitled  to  the  floor. 

A  true  copy. 

WM.  VIGEES,  Secretary. 

TWENTY-THIED  DAY. 
New  Oeleaxs,  Tuesday,  Dec.  24,  1867. 
The  Convention  met  jDursuant  to  adjourn- 
ment. 

President  Taliaferro  in  the  chair. 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


112 

The  roll  was  called  and  tlie  following  1 
members  answered  to  tlieir  names: 

J.  G.  Taliaferro,  President;  Messrs. 
Baker,  Barret,  Blackburn,  Blandin,  Bon- 
seigneur,  Bonnefoi,  Brown,  Burrel,  But- 
ler, Crane,  Crawford,  Cromwell,  Cuney, 
Dearing,  Depasseau,  J.  Deslonde,  Donate, 
Douglass,  G.  Duparte,  U.  Dupart,  Du- 
plessis,  Francois,  Fuller,  Ferguson,  Gair, 
Gardiner,  Gould,  Guicliard,  Harris,  Hemp- 
stead, Hiestand,  Ingraliam,  E,  H.  Isabelle,  T. 
Isabelle,  Jackson,  Jones,  Kelso,  Landers, 
Lange,  Leroy,  J.  B.  Lewis,  B.  Lewis, 
Ludeling,  Lynch,  Marie,  Martin,  Massicot, 
Meadows,  McLeran,  McMillan,  Morris, 
Moses,  Myers,  Newsliam,  Oliver,  Pack- 
ard, Pierce,  Pincliback,  Poindexter,  Pol- 
lard, Reagan,  Reese,  Eiard,  Eiggs,  Roberts, 
Rodriguez,  Scliwab,  Smith,  Scott,  Snider, 
Steele,  Thibaut,  Tinchant,  Twitchel,  Un- 
derwood, Valfroit,  Vandergriff,  Vv^ickliffe, 
Williams,  Wilson — 79  members  present. 
.  Minutes  read  and  adoiDted. 

OEIGINAIi  BESOIiUTIONS. 

By  Mr,  Tinchant,  ©f  Orleans  : 
Resolved,  That  during  the  five  years  fol- 
lowing the  ratification  of  this  Constitution, 
the  owners  of  any  tract  of  cultivated 
land  not  exceeding  sixty  acres  (60)  shall  be 
exempt  from  p)aying  any  tax  thereon. 

Resolved  furthbr,  That  during  the  same 
lapse  of  time  the  owners  of  any  arable  land 
left  uncultivated  shall  have  to  pay  yearly 
to  the  State  an  extra  tax  of  20  cents  per 
acre. 

Resolved  furtlier,  That  honorably  dis- 
charged soldiers,  sailors  or  marines  of  the 
United  States  army  and  widow  or  minor 
orphans  of  any  deceased  soldier,  sailor  or 
marine  of  the  United  States  shall  be  exempt 
of  any  tax  that  may  be  levied  by  the  State 
for  the  next  ten  years. 

It  was  referred  to  the  Committee  on  Cren- 
eral  Provisions. 

EEPOETS  OF  STANDING  COMMITTEES. 

Committee  on  Printing — No  report. 

Committee  on  the  Executive — Progress. 

Mr.  Cooley  called  attention  to  errors  in 
printing  of  the  report  of  Committee  on 
Draft  of  the  Constitution,  and  moved  its 
reference  back  to  the  Printer  for  correction. 

UNFINISHED  BUSINESS. 

By  Mr.  Cooley: 

OKDINANCE. 

Be  it  ordained  hy  the  Constitutioncd  Con- 
vention of  the  State  of  Louisiana.  Section  1. 
The  ordinance  passed  by  the  Convention  on 
the  12th  day  of  December,  1867,  providing 
for  the  issuing  of  three  hundred  thousand 


dollars  of  bonds,  to  raise  money  to  pay  thi 
expenses  of  this  Convention,  be  and  tin 
same  is  hereby  repealed,  the  party  who  en 
gaged  and  obligated  himself  to  discount  th( 
said  bonds  having  completely  failed  to  ful 
fil  his  contract.  \ 

Sec.  2.  Be  it  furtlier  ordained,  The  waii 
rants  for  the  pay  of  members  and  offi 
cers,  under  the  said  ordinance  up  to  thi 
date  shall  be  paid  by  the  Treasurer  of  tli 
State  out  of  any  funds  to  the  credit  of  thi 
State  Constitutional  Convention  in  th 
Treasury  of  the  State. 

Mr.  Pinchback  moved  to  suspend  th 
rules. 

The  Chair  decided  that  the  resolution  wa 
already  regularly  before  the  House. 

Mr.  Cooley  moved  to  adopt  the  aboy 
resolution,  and  the  question  being  put  t 
the  Convention,  it  was  adopted. 

Mr.  Underwood  moved  to  take  up  th 
bill  of  the  Finance  Committee. 

Mr.  Cooley,  of  Point  Coupee,  offered  th 
following  bill: 

Section  1.  Be  it  ordained  hy  tlie  Const\ 
tutional  Convention  of  the  State  of  Loidi 
iana,  To  pay  the  delegates  and  officers  c 
this  Convention,  and  to  defray  all  other  ei 
penses  necessary  for  the  use  of  said  Cor 
vention,  the  following  tax  is  hereby  levie  i 
on  the  property  of  this  State,  both  real  anj 
movable,  viz :  a  tax  of  one  mill  per  cent. 

Sec.  2.  Be  it  furtlier  ordained,  That  tt 
Sheriffs  of  the  State,  except  the  i^arish  c 
Orleans,  shall  collect  the  above  mentione 
tax;  and  that  they  refer  to  the  assessmer 
roils  made  by  the  State  of  Louisiana  fc 
the  year  eighteen  hundred  and  sixty-seve 
(1867)  as  the  basis  for  assessing  the  ta 
herein  levied  on  real  and  movable  property 
and  in  order  to  facilitate  them  in  the  ca| 
lection  of  said  tax,  they  are  hereby  autlio: 
ized  to  employ  all  summary  remedies  no  i 
given  by  law  for  the  collection  of  Stalj 
taxes,  and  shall  receive  for  their  servic( 
the  same  comjDensation  paid  them  by  ti 
State  for  like  services. 

Sec.  3.  Be  it  further  ordained.  That  tl 
tax  herein  levied,  and  which  shall  be  dn 
by  the  parish  of  Orleans,  shall  be  collecte 
by  the  persons  now  charged  with  the  co 
lection  of  State  taxes  in  said  parish,  an 
they  shall  possess  the  same  powers  and  r< 
ceive  the  same  compensation. 

Sec.  4.  Be  it  furtlier  ordained.  That  tl 
Sheriffs  and  other  persons  charged  with  tl 
collection  of  the  tax  levied  by  this  oj 
dinance  shall  pay  to  the  Treasurer  of  tlj 
State,  at  the  end  of  every  month,  exce}! 
the  tax  collectors  of  the  Parish  of  Oiiean; 
Jefferson  and  Orleans,  right  bank,  all  sun 


JOURXAL  or  THE  COXSTITUTIOXAL  COXVEXTIOX, 


113- 


collected  by  tliem  under  this  ordinance, 
and  shall  settle  finally  with  the  Trea^surer 
on  the  first  day  of  Ax3ril,  eighteen  hnndi-ed 
and  sixty-eight  (1868).  But  in  no  case 
shall  the  State  Treasurer  give  a  receipt  for 
either  a  partial  or  final  settlement,  Tdthont 
requiring  the  Sherifi"  or  other  collector  to 
take  and  subscribe  an  oath  that  he  has  ]3aid 
all  the  money  collected  by  him  to  date 
of  settlement,  less  his  commission. 

Se:.  5.   Be  it  fo/rtivrr  ord''un'-<L  That  t:i,- 
tax  cjlieetors  of  the  parish  of  Orh-an-.  ri;.--:t 
bank,  and  Jefferson,  shall  settle  irk 
Treasurer  of  the  State  every  ten  day--.  - 
or:i        ■  .1  the  day  of  the  notice  ^Nvhick  i.l^- 
All  -U  give  said  collectors  of  the  said 

or'kii.inc^  and  the  tax  therein  levied. 

Sec.  6.  Be  it  furtle.-  ■yrduv-.^  L  That  so 
much  of  the  tax  levied  as  maybe  requir.'^  ^  :  > ' 
par  the  deiea'ares  and  (.'fileers  of  this  C  y.^ 

ti^ki  r_  ^'  '■■-'^  -  '     -  '  ■  ■ 

fo: 

by-::.^,.  ^.  :        ■  ^-'i--.^  :^  i:..  _  ■ 

by  tk'?  Warrant  Clerk  and  couiiv 
by  the  President  of  this  Convention,  im- 
balance of  the  tax  levied  shall  be  placed 
by  the  State  Treasurer  to  the  credit  of  the 
general  fund,  and  r*--served  until  the  meet- 
ing of  tlie  Cxeneral  Assembly,  elected  under 
the  provisions  of  the  Constitution  adopted 
by  this  Convention,  to  be  used  as  they  may 
direcr. 

S:zc.  7.  As  soon  as  the  Treasurer   of  the 

Star.;  shall  b»  notified  of  a  loan  having  been 
eti!  -i;^-  tki--  vJonventioii.  k;-  --11011  pk-ce 
tk  ^  U'Ceived  by  him  under  this  ordi- 
m.-  -.e  credit  of  said  loan.    Anl  tke 

sai-  i:i:.o- er  a-  mu -k  ■  1  ;  .  "  '  ■ 
nece-sarv  to  i3av  salk   1  .  _ 

si)-kakv  r,l.-k.;-ll  -  .  -  - 


]  Harris,  Hiestand,  Ingraham.  E.  H.  IsabeUej. 
i  Tiios.  Isabelle,  Jones,  Kelso,  Landers, 
jLeroy,  E:  Levis,  Lndeling.  Lynch,  Atarle, 
■:  IMassicot.  Mea'.lows,  oleLeran,  Mcl!*\Ellan^ 
i  Closes,  Musliavav,  yl^-ers.  Ohver,  Packard, 
iPinchback,  Pohard.  EigD-s,  Eoberts,  Ro- 
!  drignez,  Smith,  So:'^ '-^a  kkibaut,  Ti^ichant, 
■  Underwood.  Tank.  a. .am.  "k'aples.  "Williams, 
Wihon— ^^2ave^. 

j     Xays  :  Blaaklun-n.  Cromwell,  Cuney,  U, 
PrX'art.   Erancois,  Harper.  Lange,  Martin, 
Ik  eoi'-.    Pierce.    Eeeia  ix.    E':^ese.  Eiard, 
i-.eak.  Seott/ T-^       ^  Valiroit,  Tidal, 

_  kkitfe— 11;'  mo-- 

!    And  the  ordinance  was  adopted. 
I     Bv'ka  Poo^kk--ki: 

a^g  Committee  on 

a-:ki  " via--- "1  to 

of 

oa 
■n- 

.  k  -   e  1  ..oan 

k  11.  tk-.  :ion  for 

_  .  .  .  .  _  .  .  _provalk,-.  ■  0  .^^  closed. 
I  The  rides  were  snspended  and  the  reso- 
lution waa  akeij^ed. 

On  m  ok-.u  riv:  H-.iiv,oit:  o  a  ^kvirned  tiU- 
Thursdaor  at  10  oklock  a.  31. 
,    A  true  copy  : 

j  Wkl.  TIGERS,  Secretary > 


tweety-eoeet: 

Inevo  Geeea^ts.  ^d  a 

Tke  Coventiov 


EAT. 


Convention  to 


tax  k 
onlv 


Lie  lea-al  ciirreiie 


rlie  Lnited 


The  following  members  answered  to  their 
names : 


Eeo-kiig  ic-  I  -  -1  k  a;oion,  Gen.  Eart-uk 
l^eing  in  rue  lobby,  on  motion  01  klr. 
Coola;^o  lie  was  invited  to  a  seat  on  tke 
l^k  i:d  was  received  by  the  President 

anu  a.i  u.  ers  of  the  Convention. 

I\Ir.  Pinchback  moved  to  adopt  the  ordi- 
nance. 

The  iDrevious  question,  after  a  full  debate, 
was  moved  and  ordered,  and  the  ayes  and 
nays  were  called,  as  follows — ayes  62, 
nays  19: 

Ayes  :  Antoine,  Baker  Barret,  Belden, 
Bertonneau,  Blandin,  Bonseigneur,  Bonne- 
foi,  Brown,  Burrel,  Butler,  Cooley,  Crane, 
Crawford,  Dearing,  Damarest,  Depasseau, 
Jos.  Eeslonde,  Douglass,  G.  Duparte,  Du- 
i^lessis,  Esnard;  Gair,  Gould,  Gnichard, 
9 


Crane.  ■  .   (JrcmweE,   Luney,  E ear- 

ing. Eep  I?.  G.  Eeslonde,  Jos.  Des- 

loude,  Douglass,    G.  Dnparte,  DuxDlessis, 
;  Erancois,  Ferguson,  Gair,  Gardiner,  Harris, 
!  Eigraham,  Isabelle.  Jackson,  Jones,  Lan* 
!  ders,  Lange.  Eeroy,  Levis,  Ludeling,  IMaric 
•  ^Eirtin.   "Alasaiici.    kleadows,  l\icLeran 
oloses,  Ohver,  Eaekard,  Pierce,  Poindext-e^- 
i  Pollard,  Reagan,  Reese,  Riggs,  Roberts, 
;  Rodriguez.  Schwab,  Smith,  Scott,  Snidej' 
Tvitcliell.  Underwood,  Tandergriff,  Waplei 
;  Wicklike,  WiUiams,  Wilson. 
Prayer  by  Rev.  J.  Eisk  : 
The  minutes  were  read  and  adopited. 

OEIC-rS'AL  EESOLUTIOXS. 

By  IMr.  Cooley,  of  Point  Coupee: 
Be  it  ordainedhy  the  Const  it  utioncd  Con  re?} 


114 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


ti07i  of  the  State  of  Louisiana,  The  warrants' 
issned  by  this  Convention  for  tlie  pay  of 
members  and  the  officers  thereof,  shall  be 
received  by  the  sheriffs  and  tax  '  collectors 
of  the  State,  in  x>"^ynient  of  the  tax  of  one 
mill  i)er  cent.,  levied  by  the  Convention  by 
ordinance  passed  on  the  24th  of  this  month. 
Be  it  further  ordained,  'i'hat  the  Auditor 
of  Public  Accounts  of  the  State  shall,  as 
under  existing  laws  in  relation  to  the  collec- 
tion of  taxes,  superintend  and  control  the 
collection  of  said  tax  of  one  mill  cent. , 
and  shall  give  immediate  notice  and  in- 
structions to  the  different  sheriffs  and  tax 
collectors. 

Mr.  Cooley  moved  to  suspend  the  rules 
to  put  the  resolution  upon  its  immediate 
passage. 

Adopted. 

Mr.  Cooley,  of  Point  Cour)ee,  moved  to 
adopt  the  ordinance,  and  it  was  adopted. 

EEPOKTS          STANDING-  COMI'lITTEBS. 

The  Committee  on  Finance  stated  that 
they  would  report  to-day. 

Committee  on  Printing  submitted  the 
following  report: 

To  the  Honorable  President  and  Members  of  tlie  Con- 
stitutional State  Convention : 

In  reference  to  the  resolution  of  inquiry 
relative  to  the  rumor  that  disloyal  offices 
had  been  engaged  to  execute  the  official 
printing  of  this  Convention,  I  respectfully 
ask  leave  to  report  that  I  have  carefully  in- 
vestigated the  matter,  and  find  that  a  por- 
tion of  the  job  work  of  the  Convention  is 
done  at  the  office  of  the  New  Orleans  Times, 

And  in  this  Convention,  I  would  respect- 
fully suggest  that  the  projirietors  of  the 
New  Orleans  Republican  have  a  splendid 
job  office,  and  are  prepared  to  do  v/ork  as 
cheap  and  neat  and  exioeditiously  as  any 
parties  in  the  city,  and  it  might  seem  more 
becoming  in  us  to  patronize  our  friends 
rather  than  to  throw  work  into  the  hands  of 
those  who  are  constantly  abusing  and  seek- 
ing to  destroy  us. 

Lies  over. 

Committee  on  Contingent  Expenses — 
Progress. 

UNFINISHED  BUSINESS. 

Mr.  Crane,  of  Orleans,  moved  that  the 
Convention  resolve  itself  into  a  committee 
of  the  whole  to  consider  the  majority 
and  minority  reports  of  the  Committee 
on  the  Draft  of  the  Constitution. 

Adopted. 

Ml.  Barret,  of  Union,  was  called  to  the 
chair. 


The  committee  rose  and  reported  prO' 
gress  through  its  chairman. 

Mr.  Belden,  of  Orleans,  moved  to  tak< 
up  the  rex^ort  of  the  majority  and  minority 
re]3orts  under  title  1st  and  consider  then 
article  by  article. 

Adopted. 

Mr.  Belden,  of  Orleans,  moved  to  adop' 
particle  2  of  the  minority  report  as  the  Is' 
article  of  title  1st.  of  the  Constitution. 

Upon  the  suggestion  that  a  quorum  wai 
not  present,  the  roll  was  called  and  71  mem ; 
bers  answered  to  their  names. 

Mr.  Barret,  of  Union,  moved  as  a  sub 
stitute  for  Mr.  Belden's  motion  the  adoptioi 
of  article  1st  of  the  majority  report. 

Mr.  McMillan  was  called  to  the  chair. 

The  quescion  was  put  upon  the  adoptioi 
of  Mr.  Barret's  substitute,  and  it  was  lost 

Mr.  Tinchant  moved  to  adopt  the  articL 
proposed  by  Mr.  Belden  as  article  1st  o 
the  BiU  of  Rights. 

Mr.  Ludeling,  of  Ouachita,  moved  t(j 
amend  by  striking  out  the  first  period  anci 
transposing  the  words  of  the  second,  S( 
as  to  read  as  follows  :  "To  secure  thes* 
rights  governments  are  instituted." 

Which  was  laid  on  the  table. 

Mr.  Wilson,  of  Orleans,  •  called  for  th( 
previous  question,  which  was  ordered. 

The  ayes  and  nays  were  ordered. 

The  question  was  put  upon  the  adoptioi 
of  the  article  moved  by  Mr.  Belden,  ai 
amended,  and  reading  as  follows: 

TITLE  I — BILL  OF  EIGHTS. 

Article  1.  All  men  are  created  free  anc 
ecjual,  and  have  certain  inalienable  rights 
among  these  are  life,  liberty  and  the  pur  i 
suit  of  happiness.  To  secure  these  rights 
governments  are  instituted  among  mei 
deriving  their  just  powers  from  the  consen 
of  the  governed. 

And  the  roll  v/as  called  with  the  following 
result — ayes  57,  nays  11 — as  follows: 

Ayes  :  Antoine,  Belden,  Bertonneau, 
Bonseigneur,  Bonnefoi,  Brown,  Burrel 
Butler,  Crane,  Cromwell,  Depasseau,  Jos 
Deslonde,  P.  G.  Deslonde,  Donato,  Doug 
lass,  Dupart,  G.  Duparte,  Duplessis,  Es 
nard,  Francois,  Gair,  Gardiner,  Guichard 
Harper,  Harris,  Ingraham,  R.  H.  Isabella 
T.  Isabelle,  Jackson,  Jones,  Lange,  Leroy 
Lewis,  Marie,  Martin,  Moses,  Mushaway 
Oliver,  Packard,  Pierce,  Poindexter,  Pol 


JOURNAL  OF  THE  CONSTITUTIOXAL  CONYEXTIOX. 


115 


lard,  Reagan,  Riard,  Riggs,  Roberts,  Ro- 
drioTiez.  Schwab,  Snaer.  Scott,  Thibaiit, 
Tiiicliaiit.  Underwood,  Yalfroit,  Wickliffe, 
Yv'illiams,  Wilson. 

Xajs— Barret,  Coolev,  _Crawford,  D ear- 
ing, Ferguson,  J.  B.  ijewds,  Ludeling, 
Lynch,  McMillan,  Reese,  Snider. 

And  the  article  was  adopted. 

On  motion  of  Z\Ir.  Harj^er  the  Conven- 
tion adjoiu-ned  until  to-morrow  at  11 
o'clock. 

A  true  copy  : 

''yOI.  ^MGERS,  Secretary. 

TYTEXTY-FIFTH  DAY. 
Xew  Oei.ean:s,  Friday,  Dec.  27,  1867. 

The  Conrention  met  iDursuant  to  adjourn- 
ment at  12  o'clock  Ai. 

The  President  called  the  Convention  to 
order. 

The  roll  was  called  and  the  foUowing 
members  answered  to  their  names  : 

president  J.  G.  TaHaferro,  Messrs.  An- 
toine,  Barret,  Belden,  Bertonneau,  Blan- 
din,  Bonseigneur,  Bonnefoi,  Burrel  Butler, 
Crane.  Crawford.  Cromwell.  Cuney,  Dear- 
ing,  Demaresi",  Depasseau.  P.  G.  Deslonde. 
Jos.  Deslonde,  Donato,  G.  DuTDarte.  Du- 
part,  Duplessis.  Esnard,  Francois,  Fer- 
gTison.  Gair.  Gardiner.  Gui.:hard,  Har- 
Harri--.     InsTaham.     E.     H.  Isa- 


I  justice  either  under  State  laws  in  State 
!  courts,  or  under  the  Civil  Pdghts  bill  in  the 
I  triljunals  designated  in  thut  bill,  and 


YTpizszas,  By  reason 
the  crops,  the  %-iolaLion< 
overliowing  of  large  - 
bo]'dering  on  the  Ivli>^- 
ino-  must  be  endured   ■  _ 


:-Gn 


ami;-  winter, 


iar 


the  failui'e  of 
contracTs.  the 
;  -  of  country 
jreat  suifer- 
the  present 
re   numbers  of 


of  lioth  races,  reouirinc;  the  action 


j  of  the  Freedmen's  Bureau:  therefore,  be  it 
I  i?e,?o/rp'/.  That  this  Convention  unite 
I  with  the  Convention  of  Alabuma  and  Yir- 
j  gima,  in  their  petitions  to  Congress  for  the 
continuance  of  the  Btireau  of  Piefugees, 
jFreedmen  and  Abaudoned  Lands,  till  such 
!  time  as  the  work  of  reconstrtiction  shall 
;  have  been  completed  and  Sttite  govern- 
'  ments  in  fuU  operation  as  now  contem- 
I  plated  bv  law. 

I  Resolred.  That  this  Convention,  in  ui'ging 
yapon  CongTess  the  neces-itv  of  extending 

im- 
into 

ne  cnaracter  ana  competency  of  its  present 
I  officers  and  agents  in  this  State,  and  the 
j  dismissal  of  such  as  are  found  to  be  incom- 
ro 


j  the  Bureau.  Avould  respectfully  tu'ge  the 
iportance  of  inst  tuting  diligent  inquiry  i 


pe 


Jacitscn,  Jone: 


belle,  Thos.  Isabt-l 
Keho.  Landers.  Lange.  Leroy,  P.  Lewis, 
Lvnch.  Martin.  Meadows,  McLeran.  Moses, 
Mushaway.  Oliver.  Packard.  Pierce,  Pinch- 
back,  Poindexter,  Poliard.  Reese,  Riard, 
Riggs,  Roberis.  P  jdristurz.  Schwab,  Smith, 
Snaer,  Scott.  Thi'  :  ^  '.'hieliant,  Tvit- 
chell,  Underwood.  v     Yaples,  Yhck- 

Kiie,  YriUiams,  Yril-uix — 7i  members  pres- 
ent. 

The  minutes  were  read. 
Mr.  Crane  Tsushed  his  motion  to  Ije  cor- 
rected. 

The  minutes,  as  corrected,  were  adoxDted. 

OEICilNAL  SESOnrTIONS. 

By  Mr.  Antoine,  of  Caddo: 

"Whereas,  The  law  of  Congress  creating 
the  Bureau  of  Refugees,  Freedmen  and 
Abandoned  Lands,  provides  that  said 
Bureau  shall  expire  on  the  first  day  of  Jidv, 
1868,  and 

Whereas,  The  freedmen  of  the  new  re- 
constructed States  are  yet  subject  to  much 
gi"oss  injustice  and  x^ersecution  at  the  hands 
of  former  rebels  and  slave-holders,  and 

Wheeeas,  The  freedmen  in  those  States, 
"with  but  few  exceptions,  fail  to  receive 


1  petent  and  unht  to  be  entrusted  with  the 
J  grave  and  responsible  duties  devoMng 
j  upon  thern.  of  Athom.  in  the  judgment  of 
'  tills  Convention,  there  are  many  in  this 
'  State. 

i  Res-jJred.  That  a  coi^y  of  this  preamble 
:  and  resolutions  be  forwarded  by  the  Presi- 
j  dent  of  thi^  v 'on^-entioii  to  the  President  of 
■  the  Senate  aii  1  the  Speaker  of  the  House  of 
i  Pie]Dresentativt'S. 
Lies  over. 

EEP0ET5  or  ST.lXDI^tCT  COAI^.tlTTEES. 


Ine  Committer 
the  foUowing  rep* 

The  Committee 
spectiully  ]-.-port  . 
ing  th-  ordinance 
tion,  December  1: 


m  _Lnro 


it  submitted 


■rt 


on  sLiU' 
hat  th 

pa->.  a 
:.  ISoT.  ■ 


ohm  tnt  would  re- 
:  'lution  repeal- 
iiy  the  Conven- 
Uj  provide  funds 
to  X3 ay  the  expenses  of  the  (';nivention  by 
the  issue  of  bonds  of  SoOU.iXjO:  and  the  re- 
port of  the  Committee  on  Finance,  adopted 
on  the  24:th  day  of  December,  1867,  together 
A\dth  ordinance  in  connection  Avith  the  re- 
X3ort  of  the  Committee  on  Finance,  adoj^ted 
December  26,  1867,  haA-e  each  been  duly 
!  <inrolled  and  a  coj^y  of  each  trai]smitted  to 
the  Auditor,  SecretarA'  and  Treasiu-er  of 
State. 
Which  was  received. 

The  Committee  on  Printing — Xo  report. 
The  Committee  on  Finance — Progress. 

UNFZS-ISHEI)  BUSrS'ESS. 

Mr.  Lynch  was  caUed  to  the  chair. 

Mr.  Taliaferro,  of  Catahoula,  offered  the 


116 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


following  as  article  2  of  the  Bill  of  Rights : 
That  citizens  of  this  State  owe  allegiance 
to  the  United  States  ;  and  that  said  alle- 
giance is  paramount  to  that  which  they  owe 
to  the  State. 

Mr.  Tinchant,  of  Orleans,  moved  its 
adoption. 

Mr.  Cooley,  of  Point  Coui^ee,  offered  the 
following  substitute: 

That  taxation  without  representation  is 
tyranny. 

Mr.  Wilson,  of  Orleans,  moved  to  lay  the 
substitute  on  the  table. 
Lost. 

Mr.  R.  H.  Isabella,  of  Orleans,  offered 
the  following  substitute  for  Mr.  Cooley's 
substitute  : 

Aet.  2.  All  men  are  born  free  and  egual, 
and  have  certain  inalienable  rights  ;  among 
these  are  life,  liberty  and  the  pursuit  of 
happiness.  To  secure  these  rights,  govern- 
ments are  instituted  among  men,  deriving 
their  just  powers  from  the  consent  of  the 
governed. 

The  Chair  ruled  it  out  of  order. 
Mr.  Wickliffe,  of  Orleans,  moved  to  lay 
on  the  table  the  substitute  of  Mr.  Cooley. 
Adopted. 

Mr.  Taliaferro,  of  Catahoula,  -withdrew 
for  the  present  the  article  offered  by  him. 

Mr.  Wickliffe,  of  Orleans,  offered  the  fol- 
lowing as  article  2  of  the  Bill  of  Eights  in 
the  place  of  the  article  submitted  by  the 
majority  and  minority  reports  : 

All  male  persons  above  the  age  of  twenty- 
one  years,  without  distinction  of  race, 
color  or  previous  condition,  and  who  have 
resided  in  the  State  one  year,  except  those 
disfranchised  by  this  Constitution  and  by 
the  14th  amendment  to  the  Constitution  of 
the  United  States,  are  citizens  of  this  State, 
and  shall  enjoy  the  same  public,  civil,  re- 
ligious and  iDolitical  rights  and  pri\ileges, 
and  be  subject  to  the  same  x^ains  and  x^en- 
alties. 

The  Chair  decided  the  substitute  out  of 
order. 

Mr.  Wickliffe  appealed  from  the  decision 
of  the  Chair. 

And  upon  the  question  being  put  to  the 
Convention  the  Chair  was  sustained. 

Mr.  R.  H.  Isabelle  moved  to  amend  arti- 
cle 1  of  the  majority  report  by  striking  out 
the  word  "inhabitant"  and  inserting  the 
word  * 'resident." 


Adopted. 

Mr.  Wickhffe  offered  the  following  as  a 
substitute  for  article  1  of  the  majority 
report,  to  be  article  2  of  the  Bill  of  Eights.- 

All  male  persons  above  the  age  of  21 
years,  without  distinction  of  race,  color  or 
X)revious  condition,  and  who  have  resided 
in  the  State  one  year,  excejot  those  disfran- 
chised by  this  Constitution  and  by  the  14th 
amendment  to  the  Constitution  of  the 
United  States  are  citizens  of  this  State,  and; 
shall  enjoy  the  same  public,  civil,  religious 
and  x^olitical  rights  and  privileges  and  be 
subject  to  the  same  x^ains  and  x^enalties.  1 

Mr.  Pinchback,  of  Orleans,  moved  to  lay 
the  substitute  on  the  table. 

Adox^ted. 

Mr.  T.  Isabelle,  of  Orleans,  offered  the 
foUomng  amendment: 

To  insert  in  article  1  of  the  majority  re- 
port, after  the  word  "  political,"  tiie  words 
"public  and  religious,"  so  as  to  read  as  fol- 
lows: "  They  shall  enjoy  the  same  civil,  po- 
litical, x^nblic  and  religious  rights,"  etc. 

Mr.  Ferguson,  of  Winn,  moved  to  lay  the 
amendment  on  the  table.  Ayes  and  nays 
ordered  and  called,  as  follows : 

Yeas  :  Antoine,  Ferguson, |Harper,  J.  B. 
Lewis,  Snider,  Twitcheli— 6. 

Nays :  Barret,  Baker,  Belden,  Berton- 
neau,  Blandin,  Bonseigneur,  Bonnefoi, 
Burrel,  Butler,  Cooley,  Crane,  Crawford, 
Cromwell,  Cone^^  Dearing,  Demarest,  De- 
Xoasseati,  P.  G.  Deslonde,  Jos.  Deslonde, 
.Donato,  Douglass,  G.  Dui^arte,  U.  Dupart, 
Dux)lessis,  Francois,  Gair,  Gardiner,  Gui- 
cliard,  Harris,  Hiestand,  Ingraham,  R.  H. 
Isabelle,  Thos.  Isabelle,  Jcnes,  Kelso, 
Landers,  Lange,  Leroy,  R.  Lewis,  Ludel- 
ing,  Lynch,  Marie,  Martin,  Massicot,  Mc- 
Leran,  McMillan,  Moses,  Murrel,  Musha- 
way,  Myers,  Oliver,  Packard,  Pierce,  Pinch- 
back,  Poindexter,  Pollard,  Reagan,  Riard, 
Riggs,  Roberts,  Rodriguez,  Smith,  Snaer, 
Scott,  Steele,  Thibaut,  Tincliant,  Yalfroit, 
Vadergriff,  Waples,  Wickliffe,  Williams, 
Wilson — 73. 

Motion  to  table  was  lost. 

Mr.  Wickliffe  moved  to  take  a  recess  tiE 
5  o'clock  this  evening. 

Adopted,  and  a  recess  was  taken. 

The  Convention  was  called  to  order  at  5 
o'clock.  No  quorum  being  present  a  recess 
of  half  an  hour  was  taken,  at  the  exx^ira- 
tion  of  which  the  Convention  was  called  to 
order  by  the  President  and  the  roU  was 
called,  70  members  answering  to  their 
names. 


JOUEXAL  OF  THE  CONSTITUTIONAL  COXTENTIOX. 


IIT 


At  9  o'clock  p.  M.  the  Conventioii  acl- 
joui'ned  until  to-morrow  at  11  o'clock  a.  :m. 
A  true  copy: 

'W3I.  YIGEES,  Secretary. 

TVvEXTY-SIXTH  DAY. 
New  Oeleavs,  Satiu-day,  Dec.  28, 1867. 

The  ConYention  met  at  11  o'clock  a.  ^l, 
President  Taliaferro  in  the  chair. 

The  roU  was  called  and  the  f  olloydng  del- 
egates answered  to  theii-  names : 

.J.  G.  Taliaferro,  President  ;  Messrs.  An- 
toine,  Baker,  Barret,  Belden,  Blandiu. 
BonseigTieiir,  Bonnefoi,  Brown,  Bnrrtl. 
Butler,  Cooley,  Crane,  Crawford.  Crrm- 
well,  Ciiney,  bearing  Jr.,  Demarest,  De- 
passean,  Deslonde  P.  G.,  Deslonde  Jos., 
Donato  Jr.,  Dnparte  G.,  Dupart  U.,  Du- 
plessis,  Esnard,  Erancois.  Fuller,  Gair, 
Gardiner,     G-uichard,     Earuer.  Harris 


P.EPOETS  OF  STANDINCx  COM:\ErTTEES. 

The  Committee  on  General  Provisions — 
h'oo-ress. 


— Progress. 
i::g — No  pro- 


TheComm: 
The  Comi-_  _ 
gress. 

The  Com^nittee  on  Conringent  Expen- 
ses PrOtTv:--. 


!    Article  1  _      a-t  on  Draft 

of  the  Constitution,  in  the  L'lii  of  Bights, 
being  the  order  of  discussion  upon  a  mo- 
tion to  adopt  it  as  article  2.  of  title  1  of 
the  Constitution,  was  tr'.i:-  -i^-). 

Air.  Thos.  Isabehe,  ^  .is,  with  the 
consent  of  the  Convention,  modified  his 
amendment  by  striking  out  the  word  "re- 
ligious." 

Mr.  Thos.  Isabehe,  of  Orleans,  caUed  for 


Hempstead,  Hiestand,'  Ingraham,  Isabelle  ;  the  previous  question,  whi. -h  was  ordered. 


R.  H.,  Isabehe  Thos.,  Kelso,  L^" 
Lange,  Leroy.  Lev^is  J.  B.,  L^  ^vi<  11.. 
Ludehng.  Marie.  Martin,  Massicot,  :\Iea- 
dows,  ZvIcLeran,  McMiilau.  Z\Ioses,  Z^Iurrel. 
Mushawav,  Mvers,  Oliver,  Packard,  Pierce, 


Ytr.  Cooley,  of  Point  Coupee,  asked  that 
the  fcZhowing  statement  of  his  reasons  for 
voiing  "nay'"  be  spread  upMU  the  minutes: 
I.  Becaxse,  I  never  heard  the  term  ''pub- 


Pollard,  B-eafan,  Eeese,  Eiard,  Eiggs,  ;  lie  rights"  mentioned  as  a  private  one,  and 
Eober^js,  Eodriguez.  Schwab.  Smith,  Snaer,  I  because  I  cannot  understand  the  idea  of  a 
Scott,  Snider,  Thibaur,  Tinchant,  TAvitch- 1  private  individual  exercising  pubUc  rights. 
eU,     Underwood.     Yandergrifl',     Waples,      II.  Because,  I  do  not  v-i^^ii  to  stultify  my- 


Wicldiffe,  "VTihiam., 
■present. 


'ilsun — 77  members  I  self  by  the  use  of  such  ab-^T  .l  terms  in  so 
'  imi^ortant  an  instrumf  ni  ri-  ihc  organic  law 


The  minutes  oi  the  x^receding  day  were  of  the  State. 


read  and  adox^ted. 

OSICTrN'AE 

By  Mr.  Marie,  of 

^  '  ■   ■    Tliut  it 

v:^  .nd  sec- 

pi'./  _  ■  '  if  labore] 
as^i-i:  Ai  Aiakina:,  th: 


EESOLrTIOXS. 

Terrebonne  : 


f  fh 


►o^^ed 


labc'rers 
them  bv 
to  take  N  ^ 
remov: 
alwavs  L 


of,  Oi 

fnllv 


rigiiib  ciAi_L 
AiC  crops  Jiiey 
.Said  crops  can  never 
-■emoved,  before  said 

A^l         :  lAount  due 
reference 

.  ■  _  -  -'■'le  to  be 
-.    and'  -Ad  kJvjrar^ 


The  ayes  and  nays  were  ordered. 
The  Chan-  stated  the  que-tlon  to  be  upon 
the  adox)tion  of  Mr.  I>-  'i  -  '    '  -  amendment 
'to  insert  the  ward  ••riadii:.     adter  the  word 

■  y  aiti^a;i■•  hi  A^     ;,aA^a-  ,    •  :  ^  ^sed. 

Tlic  roh  was  .add  d.  v  a^.  Lue  follovring- 
result — ayes  59,  nays  10 — a-  follows: 
!  Yeas  :  Baker,  Belden,  Elandin,  Bon- 
seigneur,  Bonnefoi,  Burred  Crane,  Crom- 
well, Cuney,  Demarest,  Dc-passeau,  Des- 
londe P.  G.,  Deslonde  Jos. .  Donato,  Dou- 
gla^^.  lJuaparte  G.,  Dui^art  U.,  Duplessis, 
E^Aard.  1-  rancois,  Gair,  Gardiner,  Gould, 
vddalaAd.  Ingraham.  d-  d 

d:nA'   dd.uS..  Jai^'k-^OA. 

dar:^.  L.aiAe.  Lamv.  T. 

doWS.  McL.AAA^M.' 

wav,  Mvors,  Oliver.  Puc-a,.-. 
I  lard,  Eeagan,  Eiard.  Eiggs 
i  dri2:uez.  Scliwal").  Smith,  sa:. 


due  them,  a 
sale  of  the  sam    '  :  ^  i 

other  creditr-i^  o:  suid  ampi  jyers.  even  ta) 
law  charges  ;  all  laws  or  parts  of  lavr  to  the 
contrary  notwithstanding. 
Lies  over. 

A  comAiunieation  from  3Iessrs.  Eou- 
danez  ct  Co.,  Official  Printers,  enclo-iuc 
a  bill  for  printing,  was  received  and  re-  A^^"^;^,^  .  Bertonneau  Brown, 

ferred  to  the  Committee   on   Contingent  Buth'r,  Coolev,  Cravrford.  Fa.guson,  Har- 


E.  H.,  Isa- 
Kelso,  Lan- 
Marie,  Mea- 
ael,  Musha- 
Pierce,  Pol- 
Eoberts.  Eo- 
a  Scott,' Thi- 


baut,  TincliaAA  Endqv 
derAriff".    YNhcklihe-,  \': 


Ifroit,  Yan- 
WHson— 59 


Expenses. 


X^er,  Hempstead,  Kelso,  Landers,  Ludeling, 


118 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


McMiUaQj  Pincliback,  Reese,  Wimples— 16 
iiays. 

And  tlie  ameEdment  was  adopted. 

The  question  was  then  put  upon  the 
adoption  of  the  article  as  amended,  and 
reading  as  foUows,  as  article  2  of  title  1,  of 
the  Constitution  : 

All  persons,  without  regard  to  race, 
color  or  previous  condition,  born  or  natu- 
rahzed  in  the  United  States,  and  residents 
of  this  State  for  one  year,  are  citizens  of 
this  State.  They  shall  enjoy  the  same 
civil,  political  and  public  rights  and  privil- 
ges,  and  be  subject  to  the  same  pains  and 
]3enalties. 

Mr.  Pinchback  called  for  the  ayes  and 
nays,  which  were  ordered. 

The  roU  was  called  with  the  following 
result — ayes  70,  nays — ,  as  follows: 

Ayes:  Barret,  Belden,  Bertonneau,  Blan- 
din,  Bonseigneur,  Bonnefoi,  Brown,  IButler, 
Cooley,  Crane,  Crawford,  Cromwell,  Cuney, 
Demarest,  Depasseau,  P.  G.  Deslonde, 
J.  Deslonde,  Donato,  Douglass,  G.  Duj)arte, 
U.  Dupart,  Duplessis,  Esnard,  Francois, 
Ferguson,  Gair,  Gardiner,  Guicliard, 
Hempstead,  Ingraham,  R.  H.  Isabelle, 
Thos.  Isabelle,  Jackson,  Jones,  Kelso, 
Landers,  Lange,  Leroy,  R.  Lewis,  Lude- 
ling,  Marie,  Meadows,  McMillan,  Moses, 
Mushaway,  Myers,  Oliver,  Packard,  Pierce, 
Pinchback,  Pollard,  Reagan,  Reese,  Riard, 
Biggs,  Roberts,  Rodriguez,  Schwab,  Smith, 
Snaer,  Scott,  Tliibaut,  Tinchant,  Under- 
wood, Valfroit,  Yandergriff,  Waples,  "Wick- 
liffe,  Williams,  Wilson — 70  ayes. 

And  the  article  was  declared  tobe  adopted 
as  article  2  of  title  1,  of  the  Constitution. 

On  motion  of  Mr.  Tinchant  the  Conven- 
tion adjourned  until  Monday  next,  at  11 

A.  M. 

A  true  copy: 

WM.  VIGERS,  Secretary. 

TWENTY-SEVENTH  DAY. 
New  Oeleans,  Monday,  Dec.  30,  1867. 
The  Convention  met  pursuant  to  adjourn- 
ment. 

President  Taliaferro  in  the  chair,  and  the 
following  members  present  : 

J.  G.  Taliaferro,  President ;  Messrs.  Ba- 
ker, Barret,  Belden,  Bertonneau,  Blandin, 
Bonseigneur,  Bonnefoi,  Brovm,  Burrel, 
Butler,  Cooley,  Crane,  Crawford,  CromweU, 
Cuney,  Dearing,  Demarest,  Depasseau, 
Deslonde  P.  G.,  Donato,  Douglass,  Du- 
part U.,  Duplessis,  Esnard,  Francois,  Ful- 
ler, Ferguson,  Gair,  Gardiner,  Guichard, 


Harper,  Harris,  IngTaham,  Isabelle  R.  H., 
Isabelle  Thos.,  Jackson,  Jones,  Kelso,  Lan- 
ders, Lange,LewisR.,  Ludeling,  Marie,  Mas- 
sicot, Meadows,  McLeran,  Moses,  Murrel, 
Mushaway,  Myers,  Oliver,  Packard,  Pierce, 
Pinchback,  Pollard,  Reagan,  Reese,  Riggs, 
Roberts,  Rodriguez,  Schwab,  Smith,  Scott, 
Snider,  Steele,  Thibaut,  TwitcheU,  Under-  , 
wood,  Valfroit,  Vandergriff,  Waples,  Wick- 
liffe,  Williams,  Wilson. 

Prayer  by  the  Rev.  J.  Fisk. 

The  minutes  were  read  and  adopted. 

REPORTS  OF  STANDING  COMMITTEES. 

The  Committee  on  Finance — Progress. 
The  Committee  on  Contingent  Expenses, 
Progress. 

The  Committee  on  Printing — No  report. 
Mr.  Crane  was  called  to  the  chair. 

UNFINISHED  BUSINESS. 

Mr.  R.  H.  Isabelle,  of  Orleans,  moved  to 
reconsider  the  vote  by  which .  article  2  of 
the  Constitution  was  adopted. 

Which  was  carried. 

Mr.  TaUaferro,  of  Catahoula,  offered  the 
following  amendment : 

The  citizens  of  this  State  owe  allegiance 
to  the  United  States  ;  and  this  allegiance  is 
paramount  to  that  which  they  owe  to  the 
State. 

Which,  on  motion  of  Mr.  Belden,  was 
adox^ted. 

Mr.  Isabelle,  of  Orleans,  moved  to  adopt 
the  article  as  amended,  and  reading  as  fol- 
lows, as  article  2d  of  the  Constitution : 

Art.  2.  AU  persons  without  regard  to 
race,  color  or  previous  condition,  born  or 
naturahzed  in  the  United  States  and  resi- 
dents of  this  State  for  one  year,  are  citizens 
of  this  State.  The  citizens  of  this  State 
owe  allegiance  to  the  United  States;  and 
this  allegiance  is  paramount  to  that  which 
they  owe  to  the  State.  They  shall  enjoy 
the  same  civil,  political,  and  public  rights 
and  xDrivileges,  and  be  subject  to  the  same 
pains  and  penalties. 

Which  was  adopted  unanimously. 

Mr.  Thos.  Isabelle  moved  to  adoi)t  article 
2d  of  the  majority  report  of  the  Committee 
on  Draft  of  the  Constitution  as  the  3d 
article  of  the  Constitution. 

And  the  article,  reading  as  follows,  was 
adopted : 

Art,  3.  There  shall  be  neither  slavery  nor 
involuntary  servitude  in  this  State,  other- 
wise than  for  the  punishment  of  crime, 
whereof  the  party  shall  have  been  duly 
.  convicted. 


JOUBNAL  OF  THE  COXSTITUTIONAL  CONVENTION 


no 


3Ir.  Tlios.  Isabelle  moved  to  adopt  the  3d  | 
rticle  of  the  majority  report  as  the  4th  j 
rticle  of  the  Constitution. 

And  the  article,  reading  as  follows,  was 
doi)ted : 

Art.  4.  The  press  shall  be  free;  every 
itizen  may  freely  si^eak,  write  and  publish 
is  sentiments  on  ail  subjects,  being  re- 
ponsible  for  the  abuse  of  this  liberty. 
Mr.  J.  B.  Lewis,  of  DeSoto,  moved  to  adopt 
le  4th  article  of  the  majority  report,  as 
ie  5th  article  of  the  Constitution. 

Mr.  WicklifFe  moved  to  amend  by  strik- 
ig  out  the  word  ''to"  before  the  word 
■petition."  «| 

Adopted. 

And  the  article,  as  amended,  and  reading 
3  follows,  was  adopted  : 

Aet.  5.  The  right  of  the  jieople  peace- 
bly  to  assemble  and  petition  the  Govern- 
lent  or  any  dej^artment  thereof,  shall  never 
'8  abridged. 

Mr.  WicMiffe  moved  to  adojpfc  the  5th  ar- 
icle  of  the  majority  rei3ort  as  the  6th  arti- 
le  of  the  Constitution.  Andj  the  article, 
eading  as  follows,  was  adopted: 

A.-RT.  6.  Prosecutions  shall  be  by  indict- 
aent  or  information.  The  accused  shall 
)e  entitled  to  a  si:)eedy  public  trial  by  an 
mpartial  jury  of  the  parish  in  v^^hich  the 
'ffense  was  comm.itted,  unless  the  venue  be 
:hanged.  He  shall  not  be  comiDclled  to 
jive  e\udence  against  himself  ;  he  shall 
lave  the  right  of  being  heard  by  himself 
>r  counsel  ;  he  shall  have  the  right  of  meet- 
ng  the  witnesses  face  to  face,  and  shall 
lave  compulsory  process  for  obtaining 
vdtnesses  in  his  favor.  He  shall  not  be 
ried  twice  for  the  same  offense. 

I Mr.  Blandin  moved  to  adopt  the  sixth 
.rticle  of  the  majoritj^  re^^ort  as  the  seventh 
irticle  of  the  Constitution, 
Mr.  Packard  moved  to  amend  by  insert- 
ing  after  the  word  "suspended,"  the  words 
; '  except  in  cases  of  insurrection  or  inva- 
ion." 

The  amendment  was  withdrawn  and  re- 
newed by  Mr.  Newsham. 
I   The  amendment  was  laid  on  the  table 
md  the  article,  reading  as  follows,  was 
idopted: 

Art.  7.  All  persons  shall  be  bailable  by 
efficient  securities,  unless  for  capital 
)ffenses  where  the  proof  is  evident  or  the 
)resumx3tion  great,  or  unless  after  convic- 
:iou  for  amy  crime  or  offense  xxmishable 


with  death  or  imprisonment  at  hard  labor. 
The  privilege  of  the  writ  of  liabeas  corpus 
shall  not  be  susj)ended. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
adopt  the  7th  article  of  the  majority  report 
as  the  8th  article  of  the  Constitution,  read- 
ing as  follows: 

Art.  8.  Excessive  bail  shall  not  be  re- 
quired, excessive  fines  shall  not  be  im- 
posed, nor  cruel  or  unusual  punishments 
inflicted. 

Which  was  adopted. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
adopt  article  8,  majority  rej^ort,  as  the  9th. 
article  of  the  Constitution,  reading  as  fol- 
lows : 

Art.  9,  The  right  of  the  xoeoj^le  to  be  secure 
in  their  persons,  houses,  papers  and  effects 
against  unreasonable  searches  and  seizures, 
shall  not  be  violated;  and  no  warrant  shall 
issue  but  upon  probable  cause,  supported 
by  oath  or  affirmation,  and  particularly  de- 
scribing the  r)lace  to  be  searched  and  the 
person  or  things  to  be  seized. 

Which  was  ado]3ted. 

Mr.  Isabelle,  of  Orleans,  moved  to  adopt 
the  9tli  article  of  the  majority  report  as  the 
10th  article  of  the  Constitution,  reading 
as  follows,  which  was  adopted : 

Art.  10.  AU  courts  shall  be  open  ;  and 
every  person,  for  an  injury  done  him  in  his 
land,  goods,  person  or  reputation,  shall 
have  adequate  remedy  by  due  j)i"oc6ss  of 
law,  and  justice  administered  mthout  denial 
or  unreasonable  delay. 

Mr.  Lewis  moved  to  adopt  article  10  of  the 
majority  report  as  article  11  of  the  Consti- 
tution, reading  as  follows,  which  was  adopt- 
ed: 

Art.  11.  No  law  shall  be  passed  regulating 
labor  and  fixing  the  price  thereof. 

Mr.  Tincliant  moved  to  reconsider  the 
vote  by  which  the  last  article  was  adopted. 
Carried. 

Mr.  Wickliffe  moved  to  exiDunge  the  ar- 
ticle. 

Mr.  Packard  moved  to  exx)unge  and  to 
adopt  as  article  11  of  the  Constitution  arti- 
cle 11  of  the  minority  report. 

Mr.  Crawford  asked  for  a  division  of  the 
question,  and  that  a  vote  be  taken  on  the 
motion  to  expunge  and  the  motion  to  adopt 
separately. 

On  motion  of  Mr.  Crawford  the  Conven- 


120 


JOUENAL  OF  THE  CONSTITUTIONAL  CONYENT^ION. 


tion  adjourned  until  11  o'clock  to-morrow. 
A  true  copy  : 

WM.  YIGEES,  Secretary. 


New  Oeleans,  Tuesday,  Dec.  31,  1867. 

The  Convention  met  and  was  called  to 
order  by  tlie  President  at  11  o'clock  a.  m. 

The  roll  was  called  and  the  following 
members  answered  to  their  names  : 

J.  G-.  Taiiaf'.:^rro,  President;  Messrs.  An- 
toine,  Baker,  Biirret,  Belden,  Blandin,  Bon- 
seigneur,  Bonnefoi,  Brown,  Burrel,  But- 
ler, Cooley,  Crane,  Crawford,  Cromw^ell, 
Cuney,  Dearing,  Demarest,  Depasseau, 
P.  G.  Deslonde,  Douglass,  U.  Dupart,  Du- 
plessis,  Esnard,  Francois,  Gair,  Gardiner, 
Ouichard,  Harper,  Harris,  Hiestand,  Ingra- 
liam,  E.  H.  Isabelle,  T.  Isabella,  Jones, 
Kelso,  Landers,  Lange,  J.  B.  Lewis, 
E.  Lewis,  Ludeling,  Massicot,  Meadows, 
McLeran,  Murrel,  Myers,  Newsham, 
Oliver,  Packard,  Pierce,  Pinchback,  Poin- 
dexter,  Pollard,  Eeagan,  Eeese,  Eiard, 
Eiggs,  Eoberts,  Eodriguez,  Smith,  Scott, 
Snider,  Twitchel,  Underwood,  Vandergriff, 
Tidal,  "Waples,  Wickliffe,  WiUiams,  Wil- 
son— 70  members  present. 

Prayer  by  the  Eev.  Jos.  Pisk. 

The  minutes  were  read  and  adoj^ted. 

OKIGINAIi  RBSOnUTIONS. 

By  Mr.  Harper,  of  St.  Charles  : 

Resolved,  That  in  every  place  in  the  Con- 
stitution where  the  word  "parish"  occurs, 
that  it  be  stricken  out  and  the  word  '  'coun- 
inserted  in  its  place. 

Draft  of  the  Constitution  : 

By  Mr.  Burrel,  of  St.  John  the  Baptist  : 

Wheeeas,  That  Sundtiy,  the  first  day  of 
^.e  w^eek,  is  set  apart  by  Christian  nations 
as  a  day  of  rest  and  worship  to  Almight^^ 
God  ;  therefore,  be  it 

Resolved,  That  the  General  Assembly  of 
this  State  shall  pass  such  suitable  laws  as 
-will  encourage  and  foster  a  due  respect  for 
the  proper  observance  of  the  Sabbath  day. 

General  Provisions  : 

BEPOETS  OP  STANDIKCt  COMMITTEES. 

Committee  on  Contingent  Expenses  sub- 
knitted  the  following  report: 
Mr.  President  and  Members  of  the  Conyention  : 

We,  the  Committee  on  Contingent  Ex- 
penses, in  obedience  to  a  resolution  offered 
by  the  Hon.  A.  Bertonneau,  adopted  on 
the  18th  of  December,  requesting  a  report 
of  the  whole  exT)enses  of  the  Convention 
lip  t^  dite,  have  the  honor  to  report  as 
iollows: 


Total    expenses  Committee  on 

Printing  $  4,162  00 

Total  expenses  Committee  on 
Contingent  Exx3enses  for  sta- 
tionery, locks,   keys,  coal, 

&c   1,812  50 

Total  per  diem  of  members   34, 650  00 

Mileage,  about   10,000  GO 

Amount  for  officers  and  em- 
ployees   3,250  00 


Total  .%3,874  50 

Ey.  Bonseigneue, 

Chairman. 

Which  Yv^as  received. 

"#TFINISHED  BUSINESS. 

The  report  of  the  Committee  on  Draft 
of  the  Constitution  being  in  order. 

The  motion  of  Mr.^  Packard,  of  OrleanSj 
right  bank,  to  expunge  article  10  of  the 
majority  report,  and  to  adopt  article  11  of 
the  minority  report  as  article  11  of  the 
Constitution,  came  up. 

Mr.  Eeagan  moved  to  refer  the  articles 
and  amendments  to  Committee  on  General 
Provisions. 

Mr.  Waples  moved  to  amend  by  striking 
out  the  word  "and"  and  inserting  the  word 
-by" 

Mr.  Isabelle  moved  to  lay  the  amend 
ment  on  the  table. 
Adopted. 

Mr.  Packard  v.dthdrew  his  motion. 

Mr.  Cooley  moved  to  adopt  article  10  oi 
the  majority  report  as  article  11  of  the 
Constitution. 

The  previous  question  v/as  demanded  and 
ordered,  and  the  ayes  and  na,ys  were  called, 
and  the  article,  reading  as  follows  : 

Aet.  11.  No  law  shall  be  passed  regulat- 
ing labor  and  fixing  the  price  thereof. 

Was  adopted  as  article  11  of  the  Consti- 
tution by  the  following  vote— ayes  43,  nayj 
32 — as  follows  : 

Ayes :  Antoine,  Baker,  Barret,  Belden. 
Bertonneau,  Blackburn,  Bonnefoi,  Brown. 
Cooley,  Craw^ford,  Dea,ring,  Damarest,  Des- 
londe P.  G.,  Doricito,  Douglass,  Dupart  U., 
Duplessis,  Fuller,  Gair,  Guichard,  Harris, 
Ingraham,  Ivelso,  Landers,  Lewis  J.  B. 
Lev/is  R.,  Ludeling,  Marie,  McLeran,  Mur 
rel,  Morris,  Myers,  Newsham,  Pierce 
Pinchback,  Eiard,  Scott,  Snider,  Steele 
Tinchant,  Twitchell,  Yalfroit,  Yandergriff- 
43  ayes. 

Nays  :  Bonseigneur,  Burrel,  Butler 
Crane,  Depasseau,    Duparte  G.,  Esnard 


JOUEXAL  OF  THE  CONSTITUTIOXAL  COXYEXTIOX. 


121 


i^ancois,  Gardiner,  Harper,  Isabella  E.  H., 
sabelle  Tlios.,  Jones.  Lange,  Leroy,  Mar- 
in. Moses,  Mnslia-v\-ay,  Oliver,  Packard, 
'oindexter,  Pollard,  Eeagan,  Eeese,  Eiggs, 
lobers,  Eodrigiiez,  Scliwab,  Smitli,  Under- 
'ood,  Y^aples,  ATiekiitfe,  AYilliams  and 
Vilson — 32  nays. 

Mr.  Cooley  moved  to  adopt  article  11  of 
he  majority  r export  as  article  12  of  the 
Constitution,  and  tlie  article,  reading  as 
'ollo^'s : 

Ajrt.  12.  Every  person  lias  the  natural 
'ight  to  worship  God  according  to  the 
lictates  of  his  conscience.  Xo  religious 
.est  shall  be  reauired  as  a  qualihcation  for 
ofnce. 
Was  so  adopted. 

Mr.  Pinchback  moved  to  adopt  the  fol- 
.owing  as  article  13  of  the  Constitution: 

Aet.  13,  The  right  of  all  persons  to 
:ravel  on  the  common  carriers  and  he  enter- 
tained at  aU  places  of  a  j)ublic  character  in 
bhis  State,  shall  not  be  infringed,  or  in  any 
oaanner  abridged. 

The  ayes  and  nays  T^'ere  called  for  and 
ordered. 

And  the  article  was  adopted  by  the  fol- 
io vring  vote; 

Ayes  67,  nays  8. 

Yeas  :  Antoine,  Baker,  Belden,  Berton- 
neau,  Blackburn,  Blandin,  Bonseigneur, 
Brown  Burrel,  Butler,  Crane,  Cromwell, 
Demarest,  Depasseau,  P.  G.  Deslonde 
Donato,  Douglass,  G.  Duparte,  U.  Dupart 
Duplessis,  Esnard,_  Erancois,  Gardiner, 
Guichard.  Harris,  Ingraham,  E.  H.  Isa- 
belle,  Thos.  Isabelle,  Jackson,  Jones, 
Kelso,  Landers,  ^  Lange,  Lewis,  Marie, 
Massicot,  Meadow.-.  McLerau.  Morris,  Mo- 
ses, Mnrrel,  Muonawa^--,  Ivlyers,  Xewshani. 
Packard.  Pierce,  Pinchback,  Poindexter. 
Pollard,  Eeagan,  Eeese,  Eiard,  Eiggs.  Eob- 
erts,  Eodriguez,  Schwab,  Smith,  Scott,  Tin- 
chant,  Underwood,  Yalfroit.  Yandergrilf, 
Vidal,  Waples,  "Wickliiie,  Wiiiiams,  VTil- 
son — 67. 

ISTays  :  Barret,  Cooley,  Crawford,  Fuller, 
Gail',  Lu deling,  Snidei%  Steele — 8. 

Mr.  "Wickhiie  moved  to  reconsider  the 
last  vote. 

Mr.  Cooley  moved  to  lay  the  motion  to 
reconsider  on  the  table. 
Lost. 

The  question  was  put  upon  the  motion  to 
reconsider,  and  it  was  adopted. 

Mv.  Y^icklilie  offered  the  f ollo-\\ing  amend- 
ment: 

AU   iiersons    shall  enjoy    equal  rights 


!  and   privileges,    while   traveling   in  this 
State;  and  all  public  places  of  amusement, 
]  refreshments,  entertainments  of  any  pub- 
I  he  nature  whatevc-i,    shall  be   open  to  all 
'  persons  alike.    Xo  company  or  municipal, 
parish    or    chartered     corporation  shall 
j  make  any  rules  or  regulations  creating  any 
i  distinction  between  persons  on  account  of 
race,  color  or  previous  condition, 
Y'hich  was  acce^Dted  by  the  mover. 
Mr.  Cooley  moved  to  amend  as  follows  : 
That  the  Legislature  be  instructed  to  -pio- 
;  ^ude  for  payment  of  tickets  to  theatres  of 
i  such  persons  as  are  imable  to  pay,  so  as  to 
1  seciu'e  a  more  perfect  equality. 

Laid  on  the  table. 
I    Mr.  Packard  moved  to  amend  by  reading 
the  words  "no  distinction  on  the  ground  of 
race  or  color." 

Amendment  accepted  by  the  mover. 
On  motion  of  Mr.  Oliver  the  Convention 
adjoui-ned  until  Thursday  at  11  o'clock  a.  3I. 
A  true  copy: 

Vm.  YIGEES,  Secretary. 

TWENTY-NEN^TH  DAY. 
X'ew  Oeleaxs,  Thm-sday,  Jan.  2,  1868. 
The  Convention  metp>ursuant  to  adjourn- 
ment and  was  called  to  order  by  the  Pres- 
ident at  11  o'clock  A.  Ai. 

The  folloT\ung  members  answered  to  their 
names : 

J.  G.  Ta,liaferro,  President ;  Messrs.  Ba- 
ker, Barret,  Belden,  Bertonneau,  Blandin, 
Bonseigneur,  Bonnefoi,  Brown,  Burrel, 
Cooley,  Crane,  Cri^wfoi-d,  Cromwell,  Cuney, 
D earing,  Demarest,  Dex^asseau,  Deslonde 
P.  G.,  Donato,  Douglass,  Duparte  G.,  Du- 
piirt  U.,  Duplessis,  Esnard,  I'uller,  Fergu- 
son, Gair,  Gardiner,  Guichard,  Harper, 
Hiestand,  Ingraham,  Isabelle  JL  H.,  Isa- 
belle Thos.,  Jackson,  Jones,  Kelso,  Lan- 


jamre.  Lerov,  Dewis  J.  B.,  LeTids  E., 


3icijeran. 


'IilL 


3Iorris, 


Yloses,  Murrel,  Mushaway,  Myers,  Oliver, 
Packard,  Pierce,  Pinchback,' Poindexter, 
Pollard,  Eeagan,  Eeese,  Eiard,  Eiggs, 
Eoberts,  Eodriguez,  Smith,  Snaer,  Scott, 
Snider,  Steele,  Tv-itchell,  Yandergriff, 
Yidal,  Y\^ickiifi:e,  YhUiams,  TTilson — 74 
members  present. 

Prayer  by  the  Eev.  Josiah  Fisk. 

Tlie  minutes  v.-ere  read  and  ado^^ted. 

OEIGIXAL  EESOLUTIONS. 

By  Mr.  Smith,  of  Orleans: 
Yn'keeeas.  a  large  number  of  land-hol- 
ders of  the  State  of  Louisiana  having,-  failed 


122 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


to  pay  tlieir  State  and  parish  taxes  for  tlie  ) 
years  1865  and  1866  and  causing  said  lands  | 
to  he  returned  to  the  State  as  forfeited  by  | 
the  several  tax  collector's  of  the  State  for 
said  years;  and 

Wheeeas,  The  impoverished  condition 
of  the  State  Treasury  caused  by  the  in- 
efficient manner  of  the  collection  of  said 
taxes,  the  necessary  delays,  etc. ,  be  it 

Resolved,  That  the  Governor  of  the 
State  of  Louisiana  be  directed  through  the 
Auditor  of  Public  Accounts,  to  notify  the 
State  tax  collectors  of  the  State  of  Louis- 
iana to  ijroceed  to  the  collection  of  ail  ar- 
reared  taxes  by  seizure  and  sale  of  all  lands 
of  lots  of  ground  upon  which  such  taxes 
are  due  or  a  portion  thereof  to  a  sufficient 
amount  to  satisfy  the  taxes  and  costs  of 
proceedings. 

Lies  over. 

By  Mr.  Pinchback,  of  Orleans: 

Be  it  ordained  by  the  Constitutional  Con- 
laention  of  Louisiana,  The  members  and 
officers  of  the  Convention  shall  be  paid  out 
of  any  monies  in  the  Treasury  of  the  State 
to  the  credit  of  this  Convention  in  prefer- 
ence to  the  Official  Printer  or  iDrinters  and 
all  other  creditors,  and  the  State  Treasurer 
is  hereby  ordered  not  to  pay  any  warrant  or 
warrants  drawn  in  favor  of  the  Official 
Printer  or  iDrinters,  or  other  creditors  until 
the  warrants  in  favor  of  delegates  and 
officers  are  fully  i)aid. 

Mr.  Pinchback  moved  to  suspend  the 
rules  to  put  it  on  its  passage. 

Adopted. 

Mr.  Cooley  moved  to  adopt  the  resolu- 
tion. 

Mr.  Bertonneau,  of  Orleans,  moved  to 
lay  it  on  the  table,  which  was  ruled  out  of 
order. 

The  question  v/as  i^ut  upon  the  adoption 
of  the  ordinance,  and  it  was  adoj^ted. 

REPORTS  OF  STANDING  COMMITTEES. 

Committee  on  Printing — No  report. 
Committee  on  Finance — Progress. 
Committee  on  Contingent  Expenses — No 
report. 

By  Mr.  E.  H.  Isabelle,  of  Orleans: 

Whereas,  The  j^roprietors  of  the  New 
Orleans  Picayune  have  daily  furnished  this 
Convention  with  morning  and  evening 
jpapers;  and 

Whereas,  Some  compensation  to  the 
proprietors  of  said  journal,  toward  the 
payment  of  its  labors,  is  due  as  an  act  of 
justice;  and,  while  this  Convention  ignores 
the  editorial  sentiments  of  said  journal, 
yet,  as  a  question  of  labor. 

Be  it  ordained  by  the  Constitutional  Con- 


vention of  the  State  of  Louisiana,  That  the 
sum  of  live  hundred  dollars  be  and  is  here- 
by apxn-opriated  to  the  credit  of  the  pro- 
XDrietors  of  said  Nevv  Orleans  Picayune,  to 
be  paid  out  of  any  funds  raised  or  to  be 
raised  to  pay  the  expenses  of  this  Conven- 
tion. 

Be  it  further  ordained,  That  said  proprie- 
tors shall  receive  warrants  for  the  above  men- 
tioned five  hundred  dollars,  signed  in  the 
same  manner  as  those  issued  for  the  pay- 
ment of  delegates  to  this  Convention. 

Mr.  Cooley,  of  Point  Coupee,  moved 
to  amend  as  follows  : 

Provided,  That  every  member  of  this 
Convention  shall  in  the  future  have  the 
right  to  instruct  the  Sergeant-at-Arms  what 
papers  shall  be  furnished  to  him. 

Mr.  Cooley,  of  Point  Coupee,  moved  to 
refer  to  the  Committee  on  Contingent  Ex- 
penses. 

Mr.  Depasseau,  of  Orleans,  moved  to  sus- 
pend the  rules  to  put  it  upon  its  passage. 
Lost. 

And  the  resolution  lies  over  under  the: 
rules. 

Mr.  Moses,  of  Orleans,  moved  that  no 
member  shall  be  allowed  to  sj^oak  more 
than  ten  minutes  on  any  point. 
Laid  on  the  table. 

Mr.  Wicldiffe,  of  Orleans,  moved  that 
the  Committee  on  Finance  be  required 
to  report  finally  by  next  Saturday,  as  to 
the  loan  to  be  efiected  in  virtue  of  Mr. 
Cooley 's  advices. 

Mr,  Cooley,  of  Point  CouiJee,  moved  to 
lay  on  the  table. 
Ado^Dted. 

unfinished  business. 
The  report  of  Committee  on  Draft  of 
the  Constitution  was  called  up.  Mr.  Pinch- 
back's  motion  to  adopt  the  article  proposed 
by  him  as  article  13,  of  the  Constitution,, 
and  Mr.  Wickliffe's  substitute  therefor  were 
under  consideration. 

Mr.  Ingraham  moved  the  following 
amendment  as  a  substitute: 

Art.  13.  All  ^jeroons  shall  enjoy  equal 
rights  and  privilegi  while  traveling  in  this 
State,  on  all  comm  carriers.  All  business 
places  requiring  a  I  3nse  from  either  State, 
parish  or  municip;  authorities,  shall  be 
open  to  all  persons  ^n  this  State,  without 
regard  to  race  or  co^or. 

Mr.  Vandergriff  was  called  to  the  chair. 


JOUEXAL  OF  THE  COXSTITrTIOXAL  COXYEXTIOX, 


123 


T.  Wic'kliiie.  of  Orleans,  moTed  to  lav ' 
ameiidmeiit  of  Mr.  Ingraliani  on  the  , 
e.  j 
dopted.  j 
>.  !Moses.  of  Orleans,  moved  to  amend  i 
jisertino:  the  words  '  ■  iJievious  condi- 1 


Orleans,  moved  to 


Cromwell,  of 
^nd  by  snbstitiiting :  j 

KT.  11.  The   rio-ht  of   all  persons  to  t 
el  on  all  jDublie  high^^-avs  and  npon  all  j 
He  conveyances  shall  not   be  abridu- 
And  all  pubKc   conveyances,  bein_^ 
.mon  cari'iers.  shall  make  no  distinction 
ersons  in  theii-  public  right:^  and  })rivi 
■s  on  account  of  race,  color  or  previon: 
ditionof  servitude;  but  shall  be  bound  ^ 
arry  and  treat  all  x^ersons  alike  and  on  ■ 
al  terms.  : 
[r.  Cooley  moved  to  amend  by  striking  ' 
aU after  the  word  '-abridged,"  and  add  | 
-kw."  ^     '  I 

[r.  Dupaii:  moved  to  lay  IVIr.  Cromwell's  \ 


THIETIZTH  DAY. 
Yzw  Ot:le3.x:..  Friday.  Jan.  3.  186S. 

Tilt  C  einvrntion  met  pur.-^uant  tu  ad- 
journment, r.nd  v\-a>  called  to  order  by  the 
President  at  I'J  a.  ji. 

The  roll  was  calltd  and  the  following 
members  answered  to  their  names: 

J.  Ct.  Tahaferro.  President  ;  Messrs.  An- 
toine,  Baker,  Beldt-n.  Bonseicneur.  BiUTel, 
Cooiev,  Cr?,ne.  CTcmv,-c-ll.  Cuntv.  Dearing, 
Demarcst.  EesLjnde  P.  O..  Dupart  U.,  Du- 
plessis,  iidwards,  i  rancois,  Ferguson,  Gair, 
rTuicliard.  Harris.  Hcmp-tead,  Ingraham, 
I-:.bfUe  E.  H..  JaL'k-m.  Jones,  Kelso, 
Landers.  Lange.  Lt-rov.  _LeA^-Ls  J.  B.,  Lewis 
Eichard.  Marie.' Martin.  Mc-udows,  'McLe- 


lU  sul")Sc':iU';mi  amendments. 


of  East 


Baton  Eouge, 
iTtinc: 


Orle: 


or  m  anv 


moved  to  lav  it 


stitiite,  and  ; 
;he  table, 
dopted. 
[r.  Eeagan, 

red  t'-^  c-n-v 

JiT. 

State  : 
mitted  t 
isemrnt-. 
ality  -  _   :  : 

abrid_:cd. 
li\  VN'ilson, 

table.  I 
ted.  I 
ir.  Cooler,  of  Point  Coupee,   moved  to ' 

is  I 

md  Mr.  Wickliti'c-'s  substitute  as  follows: 
Provided,  That  this  article  is  not  intend- 
to  give  any  greater  rights  and  privilr^i^v;-.-; 
iolored  persons  than  are  novr  tuij'  ly.-l  1  >y 
'.te  i^ersons,  by  the  lavv-s  of  the'Statt.-. 
iSthich  was  laid  on  the  talde. 
sir  Blackburn,  of  Claiborne,  moved  the 
i  owing  amendment : 

j^he  Legislature  shall  ]3ass  no  law  dis-  j 
ninating  between  persons  on  account  of 
e  or  color,  either  in  matters  of  the  com- ' 
n  rights  of  all  mankind,  or  of  constitu- 
lal  liberty. 

)n  motion  the  Convention  adjoiu'ned  un 
to-morrow,  at  10  o'clock  a.  m. 
L  true  copy. 

^  YYvI.  YIGEES,  Secretaiy. 


,  ran,  Mttshaway.   Oliver.  Packard.  Pierce, 
Eeagan.  Eet>e.  Eiard.  Eigg-.  Eodriguez, 
Smith.  Scott.  Steele,  Lndervood,  Yander- 
grili.  Yvhcklilie,  Yv'ihiams,  Yhlson. 
Prayer  Ijy  the  Eev.  Jos.  Fisk. 
The  minutes  v,-ere  read  and  adopted. 

OEICtECAL  EES0L"Cn0>''S. 

By  Mr.  P.  O.  Deslonde: 
E  s  '        That  the  portrait  of  the  immor- 
tal A'T^-ham  Lincohi  shall  be  placed  in  this 
luiU.    I  respectfully  call  the  attention  of 
the  me::ibers  on  this  fact. 
Li-rs  over. 

Mi,  Moies  m'T'ved  that  no  member  shall 

he  aiL'^A'-d  t-  y-  ^^h  i_'.'ie  tliun  ten  minutes 
'  aiiA- subj-et.  exe-pt  i;>y  trie  consent  of 
^  Aiirds  of  the  mcml)ei.'>      the  Conven- 


tion. 

The  motion  was  laid  on  the  table, 

EEP01:T-  ^jT    -Ta:nIUX.;t  ClCIAIITTEES. 

Committee  on  Printing — Xo  report, 
Tommittee  on  Finance — Progress. 
Committee  on  Enrollment — Progress. 
Committee  on  Contingent  Expenses — ^^o 
re^Dort, 

irN"FI>:i3HED  BrSrSXSS. 

The  reports  of  the  Committees  on  the 
Draft  of  the  Consticution  were  taken  up, 
the  following  amendment  of  Mi'.  Blackburn 
to  the  substitute  of  Mr.  YTickhfie  being 
under  consideration : 

The  Legislature  shall  pass  no  law  dis- 
criminating between  persons  on  account  of 
race  or  color,  either  in  matters  of  the  com- 
mon rights  of  mankind,  or  of  constitutional 
liberty. 

Mr,  Cooley  was  called  to  the  chair, 
Mr.  Yrickhne.  of  Orleans,  movedi  to  lay 
the  amendment  on  the  table. 
Lost — ayes  IS,  nays  29. 


124 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


Mr.  Blackburn  desired  to  witlidraw  liis 
amendment. 

The  Chair  decided  that  this  could  not  be 
done,  except  by  consent  of  the  Convention. 

On  motion  of  Mr.  Smith  the  consent  of 
the  Convention  was  given,  and  the  amend- 
ment was  mtlidrawn. 

Mr.  Belden,  of  Orleans,  submitted  the 
foUoTvdng  substitute  as  an  amendment  to 
Mr.  Wickliffe's  substitute: 

Abt.  13.  All  persons  shall  enjoy  equal 
rights  and  i3rivileges  while  traveling  in  this 
State,  upon  any  conveyance  of  a  public 
character,  and  all  business  j)laces  or  other- 
■wise,  carried  on  by  charter,  or  for  which  a 
license  is  required  by  either  State,  parish 
or  municipal  authority,  shall  be  deemed 
places  of  a  public  character,  and  shall  be 
opened  to  the  accommodation  and  patronage 
of  all  i^ersons,  mthout  distinction  or  dis- 
crimination on  account  of  race  or  color. 

Mr.  Wickliffe  raised  the  point  of  order, 
that  a  substitute  for  an  article,  itself  a  sub- 
stitute for  the  original  proposition,  could 
not  be  entertained. 

The  Chair  decided  the  point  of  order  to  be 
well  taken. 

Mr.  Pinchback  appealed  from  the  decision 
of  the  Chair. 

And  the  question  being  ]3ut  to  the  Con- 
vention, the  Chair  was  sustained. 

Mr.  Smith  asked  leave  to  retire  with  the 
lorivilege  of  recording  his  vote  upon  his 
return,  which  Avas  granted. 

Mr.  Pinchback  submitted  the  following 
amendment  : 

All  persons  shall  enjoy  equal  rights  and 
privileges  while  traveling  in  this  State  upon 
any  conveyance  of  a  irablic  character.  And 
ail  business  places,  and  those  otherv/ise 
carried  on  by  charter,  or  from  which  a 
license  is  required  by  either  State,  parish 
or  municipal  authority,  shall  be  deemed 
places  of  a  public  character,  and  shall  be 
open  to  the  accommodation  and  patronage 
of  all  xDersons,  without  distinction  or  dis- 
crimination on  account  of  race  or  color. 

The  Chair  decided  that  Mr.  Pinchback's 
original  proposition  had  become  the  prop- 
erty of  the  Convention  and  that  he  could 
not  accept  a  substitute,  and  his  amendment 
was  not  in  order,  being  a  substitute  to  a 
substitute. 

Mr.  Pinchback  appealed  from  the  de- 
cision of  the  Chair. 


The  question  being  put  to  the  Cent*' 
tion,  the  Chair  was  sustained. 

Mr.  Packard  moved  to  amend  the  si 
stitute  of  Mr.  "Wickliffe  by  inserting 

The  equal  rights  and  privileges  of  all  p 
sons  while  traveling  on  public  conveyances 
this  State,  shall  not  be  infringed  by  rea; 
of  race  or  color,  and  places  of  a  public  ch 
acter  where  licence  is  required  from  Sta 
parochial  or  municipal  authority,  shall 
tend  the  same  rights  and  privileges  to 
IDersons  without  distinction  of  race  or  col 

Mr.  McMillan  asked  for  a  call  of 
House  and  the  roll  was  called. 

The  question  was  put  upon  the  ame 
ment  of  Mr.  Packard,  which  was  lost — a; 
17,  nays  57— as  follows: 

Ayes :  Antoine,  Barret,  Brovm,  Burr 
Dearing,  Damarest,  Douglass,  Gair,  Harj 
Hiestand,  Leroy,  J.  B.  Lewis,  Mass! 
Meadows,  McMillan,  Moses,  Packard- 
Nays  :  Belden,  Bertonneau,  Bland 
Bonseigneur,  Bonnefoi,  Butler,  Cool 
Crane,  Crawford,  Cuney,  Depasseau,  E 
londe  P.  G.,  Donato,  Duparte  G.,  Dup 
U.,  Duplessis,  Edwards,  Esnard,  Pranc< 
Fuller,  Ferguson,  Guichard,  Ingrah 
Isabelle  R.  H.,  Isabelle  Thos.,  JackS' 
Jones,  Kelso,  Lange,  Lewis  R.,  Ludeli 
Marie,  Martin,  McLeran,  Morris,  Mur; 
Mushaway,  Myers,  Oliver,  Pinchba 
Poindexter,  Pollard,  Beagan,  Reese,  Rig 
Riard,  Rodriguez,  Schwab,  Scott,  Snicl 
Steele,  Tinchant,  Yandergriff,  Vidal,  Wi 
liffe,  Williams,  Wilson — 57  nays. 

The  question  was  put  upon  the  adopt 
of  Mr.  Wickliffe's  substitute,  and  it 
lost — ayes  22,  nays  53 — as  follows : 

Ayes  :  Brov/n,  Burrel,  Butler,  Crane,  J 
passeau,  Deslonde  P.  G.,  Donato,  Duf 
G.,  Gair,  Isabelle  R.  H.,  Jackson,  Jor 
Martin,  Mushaway,  Pollard,  Riggs,  Ro( 
guez,  Schwab,  Vidal,  Wickliffe,  WiUia] 
Wilson— 22. 

Nays  :  Antoine,  Barrett,  Belden,  Bert 
neau,  Blandin,  Bonseigneur,  Bonnefoi,  C 
ley,  Crawford,  Cromwell,  Cuney,  Deari 
Damarest,  Douglass,  Dupart  U.,  Duples; 
Edwards,  Esnard,  Francois,  Fuller,  Fer 
son,  Guichard,  Harper,  Hiestand,  In^ 
ham,  Isabelle  Thos.,  Kelso,  Lange,  Ler 
Lewis  J.  B.,  Lewis  R.,  Ludeling,  Mai 
Massicot,  Meadows,  McLeran,  McMill 
Morris,  Moses,  Murrel,  Myers,  Oli^' 
Packard,  Pierce,  Pinchback,  Poindexl 
Reagan,  Riard,  Scott,  Snider,  Steele,  1 
chant,  Yandergriff — 53. 

Mr.  Pinclibacli:  asked  leave  to  withd] 
the  original  article  j)roposed  by  him,  ais 


JOUENAL  OF  THE  CONSTITUTIONAL  CON^^ENTION. 


125 


le  13,  Trliicli  was  granted,  and  the  aa.*ticle 
s  witlidra\\'n. 

Mr.  Cra^vford  moved  to  adjonrn. 
liost. 

iklr.  Pincliback  moved  to  adopt  the  fol- 
ring  as  article  13  of  the  Constitution  : 

\n  persons  shall  enjoy  equal  rights  and 
yileges  viiile  traveling  in  this  State  upon 
Y  conveyance  of  a  pubhc  character,  and 
business  places  or  other^^nse,  carried  on 
charter,  or  for  which  a  license  is  required 
either  State,  parish  or  municipal  author - 
shall  be  deemed  i^laces  of  a  public 
iracter,  and  shall  be  opened  to  the  ac- 
nmodation  and  patronage  of  all  per- 
is without  distinction  or  discrimination 
account  of  race  or  color. 

The  jire^uous  question  vtl-5  ordered. 

The  question  was  put  upv;>n  the  ado2:^tion 

the  article. 

The  roll  was  called  and  the  article,  read- 
.s  follows : 

kRT.  13.  All  persons  shall  enjoy  equal 
hts  and  priAuleges  while  traveling  in  this  i 
ite,  upon  any  conveyance  of  a  public : 
aracter,  and  all  business  places  or  other- 
36,  carried  on  by  charter,  or  for  which  a  • 
ense  is  requhed  by  either  State,  x^arish  i 

municipal  authoriiy.   shaU  be  deemed 
ices  of  a  public  character,  and  shall  be  ' 
enedto  the  accommodation  and  patronage  I 

ah  pt-rsons,  without  distinction  or  dis- 1 
mination  on  account  of  race  or  color.  I 


THIETY-FIEST  DAY. 
New  Okleaxs,  ^^atui'day,  Jan.  4.  1868. 
The  Convention  met  pursuant  to  adjoimi- 
ment. 

The  President  called  it  to  order  at  11 
o'clock  A.  M. 

The  roll  was  caUed  and  the  folloTsing 
members  answered  to  theh  names: 

J.  Ct.  Tahaferro,  President;  Jslessrs.  An- 
toine.  Baker.  Barret,  Belden.  Bertonneau 
Blackburn,  Blandin,  Bonseigiieur.  Bonne- 
foi,  Burrel.  Butler,  Cooley.  Crane,  Craw- 
ford. CromAvell,  Cunev.  Dearino-.  Demarest, 
Bepas^eau,  P.   G.  Be^londe.  J.  Bedonde, 

Du- 

r-ci- 

-per, 

:im. 


[Jonato/  Dougla 
ivtrt.  Buplessis. 


ex. 


irte. 


ler.  Ferguson, 
Karris.  Eemi:^~tLud 
B.  H.  Babeht^  T.  Is 

T 


j_:ini;iers.  i^aniT' 
i-.  Ludehn-.  3 
dcv-.;.  [McMillan.  M.: 
3Iusl:iav>--iv.  Mvers.  2>c 
ard.  Pierce.  Pinchbacl 


sUS, 


lard.    Eeaiyan  Bees 


k.  P-Mndexier,  Pol- 
Eiard,  Eicfirs.  Eo- 


r.  Cooley,  of  Point  Coux^ee; 


navs  16 — as  lol- 


B  elden,  B  ertonn  eau , 
.r .    E  o n n e f (:•  i .  Br o vn , 

1  r----.-,- 


Was  adox3ted— 
,vs: 

Ayes:  3^u>"-^ 
andin,  ] 

irrei,  Bu^^.-r.  ^  raiie.  (.'rojj.i\\  f ^.i 
ipasseau,  P.  G-.  Dtrslonde,  Bonato,  i  -i;.;- 
■s,  Qc.  Bupart.  F.  Buparr,  BupL  s-i-. 
;nard,  Francois,  Gair,  Guicliard.  Kar- 
Hiestand,  Bi:-raham.  _E.  E.  Isabelie. 
los.  IsabeUe,  Jackson.  Kelso,  Landers, 
inge,  Leroy,  Marie.  Martin.  TJassicot. 
eadows,  McLeran.  Morris,  Moses,  ZMurrel, 
ushaway,  Myers,  Oliver.  Pierce,  Pinch- 
.ck,  Poindexter,  Pollard.  Beagan.  Eiard. 
ggs,  Eodriguez,  Schvrab.  Scott,  Tinchant, 
dal,  Williams,  Wh^on— 58. 
Nays  :  Barret,  Cooley.  Crawford.  Bear- 
g,  Demarest,  Edwards.  Fero-uson.  Haiqier. 
iwis  J.  B.,  Ludehng.  McMiUan,  Packard. 
3ese,  Snider,  Steele,  Wicklilie — 16  nays. 
On  motion  the  Convention  adjoiumed  till 
-morrow  at  11  o'clock  a.  :m. 
A  true  copy  : 

W1\I.  \T:GEES,  Secretaiy. 


driguez,  Snaer,  Scott,  Snider,  Steele,  Thi- 
baut.  Tinchant,  Twitcheil,  Fnderwood, 
Tandergritrl  Wax^les,  Wicklih'e,  WilHams, 
Wilson — 83. 

Prayer  by  the  Eev.  Jos.  Fisk. 

The  minutes  were  read  and  adoxDted. 

.OEICTlNAr  EESOnrTIOXS. 

Bt 

Be  lT'\r  '  ■    /  ^/;;  ■  .  "  r 

tiOii  of  1-  ' 

lectors      i^-'-^  o  ^  -  ■ 

Xew  Orleans.  Oil'    :     .  _ 

•-■•ir  respeciive  parishes,  to  pav 
:  -       ,      .lo  mill  per  r        ^-vi.-y  r--^- 

thi^  C:/nv^n'h'n.  ^  i    ,  ,  ■  _  . 

^i-v\  :  •  :  -  .id  ii'/uicL-.  'i:hi.:i>e  ^v:i^^  siii.;.  : 
hio;.'  V'-'  tax  du.:  by  them,  -b  ib  ■  ■  • 

sidcrfJ  1:1  a: :  .;ud  che  Sh:  .  :ux 

coilectoi>  -b.^ii  V  :ai.'L  an  additi>  -  ajm 

such  persons  of  twenty-tive  p.r  ^-nt. 
upon  the  sum  due  by  them  for  the  tir>t  de- 
fault, anl  an  addiiion:d  lax  of  ten  x^^r'  cent, 
to  be  couix^uted  on  the  original  la?:,  for 
everv  subsequent  thirty  days:  said  X-'ti'sons 
shall  continue  to  be  in  default,  ux^  to  the 
dare  of  the  tinai  -^^  xl  a  xr. 

B-3  it  furtl.-rr  •  The  Sheriffs  and 

coUectors  of  the  ci:y  Xew  Orleans,  Or- 
leans right  bank  and  x^^^-i*h  of  Jefferson, 
shall,  by  x^nblic  notice  in  one  nev,"sx:>ax3er, 
published  in  their  parish,  call  ux^on  all  tax 
X^ayers  to  x^ay  the  tax  leaded  by  the  ordi- 
nance of  the  21th  December,  above  men- 
tioned; and  ah  persons  who  shall  not  haye 


126 


JOtFENAL  OF  THE    CONSTITUTIONAL  CONVENTION. 


paid  tlis  amonnts  due  by  them  on  account 
of  said  tax,  ten  days  after  the  publication 
of  the  above  required  notice,  shall  x^ay  an 
additional  tax  of  twenty-five  per  cent,  on 
the  original  tax,  and  an  additional  tax  of 
two  and  a  half  per  cent,  on  the  original 
tax  of  one  mill  per  cent;  for  every  subse- 
quent ten  days,  said  jjersons  shall  continue 
to  be  in  default. 

Be  it  f  urther  ordained,  Immediately  after 
the  tax  payers  shall  have  been  put  in 
default  by  the  exx3iration  of  the  thirty  or 
ten  days,  as  the  case  may  be,  given  in 
the  notice  required  by  the  first  and  second 
sections  of  this  ordinance.  The  Sheriffs 
and  tax  collectors  throughout  the  State, 
shall  proceed  to  seize  and  sell,  after  ten 
days  notice,  property  of  the  delinquent  tax 
payers,  movable  or  immovable,  sufficient 
to  pay  the  original  tax,  all  additional  taxes 
herein  levied,  and  costs. 

Mr.  Cooley  moved  to  suspend  the  rules 
to  put  the  ordinance  on  its  final  passage. 

Adopted. 

The  ordinance  was  read  a  second  time, 
and  on  motion  of  Mr.  Cooley,  was  adopted 
unanimously. 

By  Mr.  Crawford,  of  CaldweU: 

Resolved,  That  the  Committee  on  Contin- 
gent Expenses  be  and  they  are  hereby  direct- 
ed to  report  to  this  Convention  a  specific 
and  detailed  account  of  all  the  expenses  in- 
curred by  them  for  the  contingent  expenses 
of  the  Convention,  setting  forth  a  sjjecific 
bill  of  items  showing  the  quantity  and  price 
of  each  and  every  article  purchased  by 
them,  and  from  whom  purchased. 

Lies  over. 

By  Mr.  Poindexter : 

Resolved,  That  no  member  shall  be  al- 
lowed to  speak  more  than  10  minutes  upon 
any  subject,  except  by  leave  of  two  thirds 
of  the  members  present. 

Mr.  Lewis  moved  to  suspend  the  rules  to 
put  it  on  its  final  passage. 

Adopted. 

Mr.  Belden  moved  to  amend  by  inserting 
^'20  minutes"  instead  of  "10." 

The  amendment  was  accepted. 

The  question  was  put  upon  the  adoption 
of  the  resolution  as  amended,  and  it  was 
adopted. 

By  Mr.  J.  H.  Landers  : 

Resolved,  That  the  Mississippi  Agricul- 
tural, Educational  and  Manufacturing  Aid 
Society  is  hereby  legalized  in  the  State  of 
Louisiana  with  all  the  powers  and  fran- 
chises granted  them  by  their  charter.  And 
^hat  said  society  is  hereby  granted  special 


I 


privileges,  and  is  authorized  to  beg 
carry  on  their  business  in  this  State 
the  meeting  of  the  first  Legislature,  asi 
bled  under  the  Constitution  that  ma^ 
adopted  by  this  Convention;  and  th£ 
shall  be  the  duty  of  the  Legislature  t( 
act  such  laws  as  shall  enable  said  so( 
to  carry  out  the  objects  of  the  Associal 
and  protect  the  interests  of  all  the  citi 
of  Louisiana, 
Lies  over. 

By  Mr.  F.  Marie,  of  Terrebonne: 

"Whereas,  It  is  proper  and  just  to  ec 
ize  taxes  so  as  to  bear  equitably  on  e 
kind  of  industry  and  trade;  and 

Wheeeas,  Newspapers  are  not  adequ^ 
taxed  under  the  existing  system,  the 
not  being  proportioned  to  their  amoui 
lucrative  business;  therefore,  be  it 

Resolved,  That  it  shall  be  the  duty  of 
first  Legislature  convened  in  this  State  i 
the  adoption  of  this  Constitution,  to  p 
law  to  the  effect  that  a  tax  of  no  less 
five  cents  and  no  more  than  ten  cents 
square  of  ten  lines  agate,  or  its  equival 
shall  be  levied  on  those  parts  of  any  n 
l^aper  devoted  to  the  j)ubiication  of  ad 
tisements,  cards  or  notices  whatever 
each  and  every  issue  of  the  same,  except 
however,  advertisements  and  notices 
nislied  by  the  various  departments  of 
Federal,  State,  parish  and  city  governm 
and  jDublic  officers. 

Resolved,  That  the  publishers  of  e 
newspaper  in  the  State  shall  furnish  to 
assessor  of  the  district  in  which  it  is  ] 
lished  a  copy  of  every  issue,  and  th 
shall  be  the  duty  of  said  assessor  to  1 
an  account  of  the  sjoace  devoted  to  ad 
tisements,  notices  and  cards  in  said  n 
paT)ers;  and  to  send  said  account  every 
weeks  to  the  proper  collector  for  colled 

Referred  to  the  Committee  on  Ger 
Provisions. 

By  Mr.  McMiUen,  of  CarroU  : 

Whereas,  The  business  of  the  Con 
tion  is  materially  embarrassed  by  per 
not  members  thereof  being  admitted  wi 
the  bar,  and  abusing  the  courtesy  sh 
them  by  moving  about  from  seat  to 
conversing  with  members  upon  poH^ 
subjects;  therefore,  be  it 

Resolved,  That  all  persons  admitted 
in  the  bar  upon  the  special  invitation 
member  of  the  Convention,  willberequ 
to  sit  with  the  member  giving  the  in 
tion,  and  observe  the  rules  of  deco 
adopted  for  the  government  of  the  ( 
vention. 

Resolved,  That  only  such  persons  as  : 
be  invited  from  day  to  day  by  mem" 


JOrEN.lL  OF  TEE  COXSTITL'TIOXAL  COXTENTIOX. 


12; 


of  the  Coiivc-nri-jii  siiall  be  admitted  ^itliin  :  ted  to  the  Secrero/i-y  of  State,  and  to  the 
the  bar. 

Xr.  !Me3Iilleii  moved  to  sii-pend  the 
rales  to  put  the  ^e^-oiu.tioIL  on  its  linal  pas- 


tne  amena- 


.en.  ine  re=- 


sage. 

me  lilies  vi-ere  suspended. 
Mr.  Bclden,  of  Orleans,  moved  to  am^ 
3T  Striking  ont  the  v-,rd- 
ects." 

Tne  ui.^       -      -  ;    -  : 
AEr.  Harper  moved  l    .  i-^  -nik 
It  all  after  theword  •■ic-  Ar ..-A  ii-^ 
Jig: 

That  no  per-  'U     '  :  k  tk 

jmployee  be  :  : 
)ut  a  vote  01  L -  ^  L-^  .    -  - 
)f  the  Convenri  jn. 

3Ir.  B:--  -  ii-i-vck  t.  " 

nent  or  -  - 
Adopted. 

And  on  motion  of  kir.  kl, 
)lution,  as  amended,  and  reading 
o^s : 

VTheeeas.  Tiie  l:>n-iness  ■■A  kne 
:ion  is  ra: I'i -k-  ■   i  " 

lot  mem"    _        :  : 
•he  bar,  anvt  . 
:hem  by  mo  :  ;  _ 
?onversing  v^-:  k  ;  . 

Resolved,  T._ 
n  the  bar  nv  ; 
nember  of  : 
[uired  t'^'  -i':--  :  . .  : 
nviiari-  :^     :  \ 

Tim  akor  :.k    l--  ^       .  .  : 

'onvenriL'n. 

Er^  :  -      Tk-.-:  r,:--  ' 
36  imk .  : 

lie  Conv.  , 

3ar. 

Was  adoi3ted. 


Treasiii'cr  andA^vkk'^r  -'k  S^ra-^eresxiectively. 

_n:t>EirF, 

Chairman    .  k::rokment. 

Mr.  Cooley  moved  to  rec  ke  re- 

P'jrr  ' 'f  rk  - Committee  on  C'm:iu_;cnt  Ex- 
11--     :  jommirtee,  vdth  instmctions 

:    1^.  -  -    .  m.re  derailed  repoii:. 

-Imij _  k. 

Tk?  V' -  ke  Committee  on  Draft 
jI  the  L'-..  ^  n  being-  in  order,  Mr. 
Crane  moved  to  adopt  tk  ing  article: 


l^eg-lSiatui 


kr.  ki\ 


- : '  ■  -  :'fficial  and 

'  Vk-  .  The 

y  ^rc.^id 
-  and  com- 
i parties  es- 
.r._;ct,  or  in 

.k  -  point  of  order 
-    -    ■  viin  to 
should 


mvention.  the  Chair 
d  to  print  100  coj^ies  of 
:  L.-  _iion  to 


lit  moved  to  la 
able. 


>iy>:^  COZ^DHTTEZS. 

mgrnt  ^xpen-^es- 


P.ZPOET!-  ,  y  -  V 

Committee  on  C 
J  -eport.  _ 

Committee  on  k  ;  \_   _    -  I  :    :  — . 
The  C^mmitt-v  ■     kn.'j^i:__-:^-:  -iikmitted 
lie  fok  :rr  : 

Eoo:.       ^  ::mittee  ox  ExEOLLArz^rr.  ' 
Xew  Orleans,  La..  -Jan.  3.  IS^:'^,  \ 

?o  th'e  President  and  Members  of  the  Coristi.a:iunal 
Conrention  : 

YoTir  Committee  on  Enrollment  -vroiild 
espectfnlly  rei^ort  that  they  have  this  day 
Lused  to  be  enrolled  the  ordinance  of  Mr. 
inchback,  of  Orlean  rence  to  the 

>ayment  of  membei  -  Convention 

Q  preference  to  the  urkcnu  Printer  and 
►thers.  And  caused  the  same  to  be  transniit- 


snbstitnte  for 
iiy  reiDort,  the  fol- 
A  of  the  Constitn- 


Mr.    Eeagan  ri 
artick'  12.  '  :  ik-;  : 
iomi:^ 
tion  : 

All  rights  not  enumerated  in  this  title, 
and  not  in  eoniiict  vrith  its  meaning  and 
design.  >hall  in  no  vrise  be  infringed  or 
abridged. 

Mr.  IngT-'aham  moved  to  adopt  article  20, 
of  the  minority  report,  as  article  1-4  of  the 
Constitution. 

Jdr,  McMiUen  raised  the  point  of  order 
that  the  article  offered  by  Mr.  Ingraham 
vs-a>  a  ^nl'stitute  to  a  substitute,  and  not  in 
,  order. 

j    And  the  Chair  so  ruled. 

i    Mr.  Pinchback  was  called  to  the  chair. 


128 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Mr.  Burrel  moyed  to  lay  the  substitute  of 
Mr.  Eeagan  on  the  table. 
Adopted. 

Mr.  Bertonneau  moved  to  adopt  article 
12,  of  the  majority  rei^ort,  as  article  14  of 
the  Constitution,  and  the  article  reading  as 
follows: 

Abt.  14.  The  rights  enumerated  in  this 
title  shall  not  be  construed  to  limit  or 
abridge  other  rigiits  of  the  people  not 
herein  ex^Dressed. 

Was  adopted  as  article  14  of  the  Consti- 
tution. 

Mr.  Packard  moved  to  adojDt  article  13,  of 
the  majority  report,  as  article  15  of  the 
Constitution. 

Mr.  Ingraham  moved  to  substitute  article 
23,  of  the  minority  re^Dort,  in  X3lace  of 
article  13,  of  the  majority  report,  to  be  article 

15  of  the  Constitution. 

Mr.  "Waples  moved  to  indefinitely  post- 
pone the  substitute  of  Mr.  In  graham. 
Adox^ted. 

Mr.  Crane  moved  to  amend  by  striking 
out  the  word  "  ReiDresentatives "  and  in- 
serting the  word  "delegates." 

Mr.  Jones  moved  to  lay  the  amendment 
on  the  table. 

Adopted. 

The  question  was  put  upon  the  adop- 
tion of  article  13,  of  the  majority  report,  as 
article  15  of  the  Constitution,  and  the  arti- 
cle, reading  as  follows : 

Aet.  15.  The  Legislative  j^ower  of  the 
State  shall  be  vested  in  two  distinct 
branches.  The  one  to  be  styled  "the  House 
of  Representatives, "  the  other  '  'the  Senate, " 
and  both  "the  General  Assembly  of  the 
State  of  Louisiana." 

Was  adopted. 

Mr.  Blandin  moved  to  adopt  artice  14,  of 
the  majority  rej^ort,  as  article  16  of  the 
Constitution. 

Mr.  Crane  moved  to  amend  by  substitut- 
ing the  words  "one  year"  for  the  words 
*'two  years." 

Mr.  Underwood  moved  to  lay  the  amend- 
ment on  the  table. 

Adopted. 

The  question  was  put  on  the  adoption  of 
article  14,  of  the  majority  report,  as  article 

16  of  the  Constitution.  And  the  article, 
reading  as  follows: 


Art.  16.  The  members  of  the  House 
Representatives  shaU  continue  in  office  f{ 
two  years  from  the  da,y  of  the  closing  of  tl 
general  elections. 

Was  adopted. 

Mr.  Blandin  moved  to  adopt  article  15,^ 
the  majority  report,  as  article  17  of  the  Cc 
stitution. 

Mr.  Tinchant  moved  to  amend  by  strikil 
out  the  word  "  Monday"  and  inserting  tl 
words  "Friday  and  Saturday,"  and  strikii 
out  the  word  "one"  and  inserting  the  wo] 
"two." 

Mr.  Barret  called  for  a  division  of  tl 
question.  'j 

The  Chair  decided  that  the  question  w 
not  susceptible  of  division. 

And  the  amendment  was  adopted. 

The  question  was  put  upon  the  adoptic 
of  the  article  as  amended. 

And  it  was  lost. 

Mr.  Crawford  moved  to  adopt  articles  1 
16,  17,  18  and  19,  of  the  majority  report. 

Mr.  Rodriguez  objected. 

And  the  motion  was  withdrawn. 

Mr.  Ingraham  moved  to  adopt  article  ] 
of  the  majority  report,  as  article  17  of  t 
Constitution. 

And  the  article  reading  as  foUow^s: 

Art.  17.  Representatives  shall  be  chosen 
the  first  Monday  in  November,  every  t 
years,  and  the  election  shall  be  completed 
one  day.  The  General  Assembly  shall  m< 
annually  on  the  first  Monday  in  Janun 
unless  a  different  day  be  appointed  by 
and  their  sessions  shall  be  held  at  the  « 
of  government. 

Wp.s  adopted. 

Mr.  Packard  moved  to  amend  article 
of  the  majority  report,  by  striking  ou''" 
after  the  word  '  'representation, "  and  to  ad< 
it  as  so  amended. 

Mr.  Uunderwood  moved  to  substitute 
its  place  article  27  of  the  minority  rei^ort 

Mr.  Underv/ood  withdrew  his  substitn 

On  motion,  the  amendments  were  laid 
the  table. 

The  question  was  stated  by  the  Chair 
be  upon  the  adoption  of  article  16,  of 
majority  report,  as  article  18  of  the  Con 
tution. 

Mr.    Underwood  moved    to  substit 
article  27  of  the  minority  report. 


JOURNAL  OF  THE  CONSTITUTIONAL  COXYEXTION. 


129 


Mr.  Waples  moved  to  amend  tlie  substi- 
nte  by  striking  out  the  vroid  "twentj- 
ive  "  and  inserting  the  word  "thirty." 

The  previous  question  was  ordered. 

The  ayes  and  nays  were  called  with  the 
oUowing  result — ayes  27,  nays  -iQ — as  fol- 
ows  : 

Yeas:  Barret,  Bertonneau,  Bonseigneur, 
Brown,  Butler,  Cooley,  Crane,  Crawford, 
Demarest,  Depasseau,  G.  Diiparte,  Dui^les- 
ds,  Esnard,  Gardiner,  T.  Isabelle,  E.  H.  Isa- 
aelle,  Jackson,  Lynch,  Moses,  Mushaway, 
Poindexter,  Riggs,  Rodriguez,  Schwcib, 
Waples,  Williams,  Wilson — 27  ayes. 

Kays :  Antoine,  Belden,  Blandin,  Bonne- 
foi,  Burrel,  CromweU,  Bearing,  P.  G.  Des- 
londe,  Donato,  U.  Dui^art,  Francois,  Ful- 
ler, Ferguson,  Gair,  Harper,  Harris,  Hemp- 
stead, Hiestand,  Ingraham,  Jones,  Kelso, 
Landers,  Lange,  Leroy,  J.  B.  Lewis,  R. 
Lewis,  McLeran,  McMillan,  Morris,  Oliver, 
Packard,  Pierce,  Pinchback,  Reagan,  Reese, 
Riard,  Roberts,  Smith,  Scott,  Snider,  Tin- 
3hant,  Underwood,  Yandergriff,  Yidal, 
Wickliffe — i6  nays. 

An  d  the  amendment  was  lost. 

The  question  recurring  upon  Mr.  Under- 
wood's motion  to  amend  by  substituting 
ai-ticle  27,  of  the  majority  report,  for  article 
16  of  the  minority  report. 

The  ayes  and  nays  vvere  called  Tvith  the 
following  result — ayes  48,  nays  27 — as  fol- 
lows : 

Ayes :  Antoine,  Belden,  Blandin,  Bon- 
nefoi,  Burrel,  Cromwell,  Dearing,  Des- 
londe  P.  G.,  Donato,  Douglass,  Dupart  U., 
Francois,  Fuller,  Ferguson,  Gair,  Gardiner, 
Harper,  Harris,  Hemptead,  Hiestan  T,  I:.- 
graliam,  Jones,  Kelso,  Landers,  L  .M^-e. 
Leroy,  Lewis  J.  B.,  Lewis  R.,  Massicot, 
McLeran,  Morris,  Murrel,  Newsham,  Oli- 
ver, Packard,  Pierce,  Pinchback,  Reagan, 
Reese,  Riard,  Roberts,  Schwab,  Scott,  tiu- 
chant.  Underwood,  Yanders'riff,  Yidal. 
Wickliife— 48  yeas. 

Nays  :  Barret,  Bertonneau,  Bonseigneur, 
Brown,  Cooley,  Crane,  Crawford,  Demar- 
est, Depasseau,  Duparte  G. ,  Duplessis,  Es- 
inard,  IsabeUe  R.  H.,  Isabelle  Thos.,  Jack- 
"son,  Lynch,  McMillan,  Moses,  Mfl.shaway, 
'Poindexter,  Riggs,  Rodriguez,  Smith,  Sni- 
der, W^aples,  Williams,  Wilson — 27  nays. 

And  the  amendment  was  adopted. 

The  question  was  then  put  upon  the  adop- 
jtion  of  the  original  article,  as  amended,  as 
I  article  18  of  che  Constitution,  and  the  arti- 
cle as  amended,  and  reading  as  follows: 

Art,  18.    Every  elector  under  this  Con- 
10 


stitution,  shaU  be  eligible  to  a  seat  in  the 
House  of  Representatives  :  and  every 
elector  who  has  readied  the  age  of  twenty- 
five  years,  shall  c^e  eligible  to  the  Senate  ; 
Provided,  That  no  person  shall  be  a  Repre- 
sentative or  Senator,  unless  at  the  time  of 
his  election,  he  be  a  qualified  elector  of  the 
representative  or  senatorial  district  from 
which  he  is  elected. 
Y^'as  adopted. 

The  Committee  on  Finance  submitted  the 
follovdng  report: 

To  tlie  President  aiul  nieiuLtn-s  of  the  Constitutional 
Convention  ot  tlie  Str.te  uf  Loui.siana  : 

G-extle:,iex — In  pursuance  of  the  reso- 
lution adopted  on  the  24th  inst. ,  authoriz- 
ing your  Committee  on  Finance  to  negotiate 
a  loan  to  defray  the  expenses  of  this  Con- 
vention, our  committee  respectfully  re- 
iDort  that  they  have  been  unsuccessful  in 
negotiating  a  loan. 

Your  committee,  while  endeavoring  to 
negotiate  a  loan,  received  encouragement 
to  such  an  extent  that  the}-  have  delayed 
their  final  report  until  this  time. 

Your  committee  respectfully  request  to 
be  reheved  from  further  duty  in  negotiat- 
ing a  loan. 

H.  W^.  FuiiLiEE,  Chairman; 
John  S.  Haehis, 
Yf.  L.  McMtllax. 

On  motion  of  Mr.  Y^icklilie  the  report 
was  received,  and  the  committee  discharged. 

On  motion  of  Mr.  Crawford  the  Conven- 
tion adjourned  till  Monday  at  11  a.  m. 

A  true  copy: 

YvM.  YIGERS,  Secretary. 

THIRTY-SECOXD  DAY. 
New^  Oeleaxs,  Monday,  Jan.  G,  1868. 
Tlie  Convention  met  pursuant  to  adjourn- 
ment. 

The  President  called  the  Convention  to 
order  at  11  a.  m. 


The  roll  was  called  and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine, Baker,  Belden,  Bertonneau,  Bon- 
seigneur, Bonnefoi,  Rrown,  Butler,  Crane, 
Cromwell,  Cuney,  Dearing,  Dex^asseau, 
Deslonde,  Jos.  Deslonde,  Douglass,  Du-* 
part,  G.  Duparte,  Duj)lessis,  Esnard,  Fran- 
cois, Ferguson,  Gair,  Gardiner,  Guichard, 
Ha^-ris,  HemiDstead,  Hiestand,  Isabelle, 
Thos.  Isabelle,  Jones,  Kelso,  Landers, 
Lange,  Leroy,  J.  B.  Lewis,  R.  Lewis, 
Lnych,  Marie,  Martin,  Massicot,  Mea- 
dows, McLeran,  Morris,  Moses,  Murrel, 
Myers,  jSTewsham,  Oliver,  Packard,  Pierce, 
Pinchback,    Poindexter,   Rea£,an,  Reose, 


130 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


Biard,  Eiggs,  Eoclriguez,  Scliwab,  Snaer, 
Scott,  Snider,  Steele,  Tliibaut,  Tiacliant, 
TmtclieU,  Underwood,  Yalfroit,  Vander- 
griff,  Waples,  Wiekliffe,  "Williams,  Wil- 
son— 73  members  present. 

Prayer  by  Eev.  Jos.  Eisk. 

The  minutes  were  read. 

Mr.  Packard  asked  for  a  correction  in  the 
minutes,  and  the  minutes,  nis  amended, 
were  adopted. 

OBIGINAL  EESOLITTIONS. 

Mr.  Yfaples  moved  tliat  any  delegate 
assigning  reasons  for  his  vote,  shall  do  so 
in  miting ;  and  he  may  have  them  entered 
upon  the  journal,  pr vide d  they  do  not  cover 
more  than  half  a  page  of  foolscap. 

Mr.  Packard  moved  to  lay  the  motion  on 
the  table. 

Lost. 

And  the  motion  of  Mr.  Waples  w^as 
jidopted. 

By  Mr.  Blackburn:] 
An  Oedina>tce  relative  to  w^arrants  issued 

hj  this  Convention  to  defray  the  exjpenses 

thereof: 

Section  1.  Be  It  ordained,  That  all  vrar- 
rants  -  issued  for  defraying  the  expenses  of 
this  Convention  shall  bear  eight  per  cent, 
interest  per  annum  from  date  of  the  con- 
vening of  this  Convention,  until  paid  for 
or  received  by  the  State  Treasurer  for  State 
dues;  and  said  warrants  shall  be  received 
by  all  SheriiiS  and  State  tax  collectors  in 
payment  for  all  dues  to  the  State  for  taxes 
and  licenses;  and  the  State  Treasurer  shall 
receive  them  from  said  Sheriffs  p.nd  State 
tax  collectors,  as  well  as  for  the  sale  of 
|)ublic  lands. 

Sec.  2.  Be  it  furtJier  ordained,  That  the 
State  Treasurer  be  and  is  hereby  prohibit- 
ed from  receiving  for  State  dues,  taxes  or 
licenses  and  warrants,  others  than  those 
issued  by  this  (.'onvention. 

Sec.  3.  Be  it  further  ordained.  That  the 
State  Auditor  be  and  he  is  hereby  directed 
to  notify  aU  Sheriffs  and  tax  collectors  of 
the  passage  of  this  ordinance,  and  direct 
their  compliance  therewith. 

Mr.  Bonseigaeur  moved  to  suspend  the 
rules  to  ]Dut  the  resolution  upon  its  pas- 
sage. 

Adopted. 

Mr.  Crane  moved  to  amend  by  inserting 
*^ municipal  and  city  authorities." 

Mr.  Bertonneau  moved  to  lay  the  resolu- 
ion  on  the  table. 

lipst. 


Mr.  Cooley  moved  to  amend  by  substi- 
tuting the  f  ollovang : 

The  Sheriffs  and  tax  collectors  throughout 
the  State  shall  pay  in  the  State  treasury 
in  the  currency  actually  received  by  them, 
all  sums  collected  by  them  under  the  Tax 
Ordinance  passed  by  this  Convention  on 
the  24tli  December,  1867,  and  in  all  cases 
when  thej"  offer  the  warrants  issued  by  au- 
thority of  this  Convention,  in  payment  of 
taxes  collected  by  them,  it  shall  be  the 
duty  of  the  Auditor  of  Public  Accounts 
to  require  from  said  Sheriffs  and  tax  col- 
lectors, evidence  that  the  said  warrants 
j  were  honestly  received  by  them  in  pay- 
1  ment  of  tcaxes  levied  by  this  Convention; 
\  Provided,  The  opcth  of  the  Sheriffs  and  tax 
1  collectors  shall  be  received  to  prove  the 
'  fact. 

Mr.  Waples  moved  to  refer  the  ordinance 
and  substitute  to  a  committee  of  two,  com- 
posed of  Messrs.  Cooley  and  Blackburn, 
with  instructions  to  report  to-morrow. 

Mr.  Jones  called  for  the  previous  ques- 
tion, which  was  ordered. 

The  question  was  stated  by  the  Chair  to 
be  upon  Mr.  Waples'  motion  to  refer  to  a 
special  committee  of  two,  consisting  of 
Messrs.  Cooley  and  Blackburn,  the  original 
resolution  and  the  substitute. 

And  the  motion  was  adopted. 

Mr.  Hempstead  m^oved  to  add  the  Presi- 
dent to  the  committee  just 'named. 

AdoiDted. 

Mr.  Moses  moved  that  the  Convention  do 
hereafter  change  the  hour  of  meeting  from 
eleven  to  ten  o'clock,  for  the  purpose  of  ex- 
pediting the  business  of  the  Convention. 

Laid  on  the  table. 

By  Mr.  G.  'W.  B.eagan  : 


Petition 


Congress  for  the  relief  of 


loyal  sufferers  during  the  rebellion: 

Wheeeas,  During  the  late  war  of  the  re- 
belhon,  many  good  and  loyal  persons,  in 
this  State,  by  orders  of  officers  acting  under 
proper  authority,  have  sustained  gre, 
losses  in  the  destruction  of  property,  by 
burning  and  otherwise  ;  and 

W^ HEEEAS,  No  provisions  have  yet  been 
made  for  the  relief  of  those  suffering  in 
consequence  of  the  above  orders  ;  therefore, 
be  it 

Resolved,  That  we,  the  people  of  Louis- 
iana, in  Convention  assembled,  do  most  re- 
spectfully and  earnestly  petition  the  Con- 
gress of  the  United  States  to  immediately 
take  the  subject  into  consideration  and 
adopt  such  measures  as  in  its  wisdom  may 


JOUENAL  OF  THE  COXSTITUTIOXAL  COX^'EXTIOX, 


be  deemed  necessary  and  adequate  to  meet  3ir.  Crane  moved  to  lay  tlie  motion  to 
th-   a-i-li  -iticated  "ckims  of  tliose  vdicse  vcO  ni^ider  on  the  table. 

lc=^-:r  ^-^^le  produoel  bv  causes  above  .  i  .  -, 
^.        -  A(.;.i:t|:>tei;t.. 

EEPOTiTS  OF  STANDIXi  -        :   :  !  T  TEES. 


That  a  copy  of  this  petition, 
signed  by  the  President  and  Secrdarv  <jf 
this  Convention,  be  forvarded  to  H'jii. 
Schuyler  Colfax. 'Sp-atc-r  of  the  Hou~c  ui 
Eeprcsentative-  of  the  Unired  Srarcs. 

31r.  jloses  moved  to  lay  on  the  Table, 
Adopted. 

By  3Ir.  T^ric-kiifie  : 


-e  on 


^i)jen:ies- 


■n  iinr' 


aid 


13  0  a: 


said  Board  of  hi.c: 


each  to 
LU'er  and. 


:h  la-- 


Chrdrman  C 


tine,  drain:. -.  --.d  :.:r  . 

offals  and  hhh.  :^y,  .  'ji  ;-a 

slaudrcerdicri.,,..  and  nuisance 
and  in   ^^hurr.  have  general 

of    all    matters    that  aneot  u 

to  the  "!}ublic  health  in  said 
F 


-ed. 


■r  ai 


\\  nieii  vai^ 

ryETxi--:£ED  bese-'ess. 
The  report-  ef  the  Crrnndttee  on  Draft 
the  Constitution  V'eing  in  order, 
rlr.  Oliver  moved  to  adopt  article  17.  of 
That  no  slaughter-houses  or  stock  the  maioriry  report,  as  article  19  of  tha 
y:.:  .     .   h  be  aho^ved  v-ithin  the  corporate  Constitutiom 

limit-  ui  a  citv  or  tovrn  vrithiii  said  Eeiri-hes.       i    i   i         •  i  t  i-  n 

^  .         ■-  ■  1  ^        ■         And  tne  article,  readme- as  follows: 

an.i  tliat  n-j  nui^ane-^  vdiarves  or  eiumpiu£;-  _ 

grounds  shah  be  allowed  in  said  parishes  Ap.  Iv^.  hle-trm^  for  members  of  the  Gen- 
above  or  vdthin  one  h.df  mile  belov  the  eral  A--end by  >han  be  held  at^  the  sevcr.d 
pre-ent.  or  any  oth-r  vaster  v-orli-  that  may  eleotrjn  pr-emm-  e-tciLli-ned  by  layr. 
the  citie:~  of  Zncv- 
'e  sup'':died  vith 


be  constr> 
Orlean.  r 
^attr  frre 


TVas  ad'  .pted. 

rlr.  Cooley  moved  tti  adept  article  18,  of 
L-'  :vr'-'r-'vy  report,  as  article  20  of  thg 


per.;tenm..  .e- 

Sec.  3.  h  b 
pa^T  any  e.       e^  ■  -  ■  a:. .  ■;  _:^.ej. 

cr  upon  the  subject  m_y:tei  m..-reof.  Tijs 
over. 

By  AEr.  Wickhfib,  of  Orleans  : 
Akt.  — .  The  Legislature  shall  pass  no 
lavrs,  nor  shall  any  parochial  or  muni<:ipal 
corporation  puss  any  ordinance  discriminat- 
ing by  taxation  or  license  betveen  citizens, 
residents  and  non-residents. 
Lies  over. 

Mr.  Hempstead  moved  to  lay  the  resolu- 
hon  on  the  table. 

The  Chair  decided  the  motion  out  of 
'Order. 

Mr.  Tinchant  moved  to  reconsider  the 
Tote  adopting  article  14  of  the  Constitu- 
tion. 


of 


tneinue:  :-    .  :- 

WLieh  .  -  ,  A  -  .fv  d. 

Mr.  Cooley  moved  te  eai^md  '  >y  striking 
out  the  vord  •  "Legislattme"  .md  inserting 
"Oeneral  Assembly." 

"Which  was  adopted. 

Mr,  Lynch  moved  to  amend  by  substitut. 
ing  as  f oUows  : 

Aet.  20.  Eepresentation  in  the  House  of 
Eepr:  sentatives  shall  be  equal  and  uniform 
and  after  the  first  Legislature  elected  un- 
der this  Convention  shall  be  ascert^ained 
and  regulated  by  the  whole  number  of 
population,  each  parish  in  the  Stat-e  being 
entitled  to  at  least  one  Eepresentative.  A 
census  of  the  State  by  State  authorities 
shall  be  taken  iu  1S75,  and  every  five  year* 


132 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


thereafter.  In  case  of  informality,  omis- 
sion or  error  in  the  census  returns  from 
any  district,  the  General  Assembly  shall 
order  a  new  census  taken  in  sucii  parish  or 
election  district. 

Mr.  Harper  moved  to  amend  by  striking- 
out  the  word  "parish,"  and  inserting  the 
T7ord  "county." 

Mr.  Isabelle  moved  to  lay  the  amend- 
2nent  of  Mr,  Harjoer  on  the  table. 

Adopted. 

Mr.  Wax^les  moved  to  amend  the  substi- 
tute by  striking  out  the  word  "shall,"  and 
inserting  the  word  "may,"  vrhich  was  ac- 
cepted by  the  mover. 

Mr.  Belden  moved  to  amend  by  striking- 
out  the  figures  "  1875,"  and  inserting  the 
figures  "1870,"  and  by  striking  out  the  word 
"five,"  and  inserting  the  word  "ten." 

Which  v/as  accepted. 

Mr.  Cooley  moved  to  amend  by  striking 
out  the  figures  "  1870,"  and  inserting  the 
figures  "1875." 

Mr.  Bonseigneur  moved  to  lay  the  amend- 
xnent  of  Mr.  Cooley  on  the  table. 

Adopted. 

The  question  was  put  to  the  Convention 
upon  the  adoption  of  the  substitute  of  Mr. 
Lynch,  as  amended,  as  article  20  of  the 
Constitution. 
And  the  article,  reading  as  follows  : 
Aet.  20.  Representation  in  the  House  of  j 
Representatives  siiaU  be  equal  and  uniform, 
and  after  the  first  General  Assembly  elected 
Tinder  this  Convention,  shall  be  ascertained 
and  regulated  by  the  whole  number  of 
population  ;  each  parish  in  the  State  being- 
entitled  to  at  least  one  Representative.  A 
census  of  the   State  by  State  authorities  j 
shall  be  taken  in  1870,  and  every  ten  years 
thereafter.    In  case  of  informality,  omis- 
sion or  error  in  the  census  returns  from 
any  district,   the   General  Assembly  may 
order  a  new  census  taken  in  such  parish  or 
election  district. 

Was  adopted. 

Mr.  Wickliffe  moved  to  adopt  article  19, 
of  the  majority  report,  as  article  21  of  the 
Constitution. 

Mr.  Cooley  moved  to  amend  by  striking- 
out  the  word  "Legislature,"  and  inserting 
the  words  "General  Assembly,"  and  by 
striking  out  the  words  ' '  qualified  electors, " 
end  inserting  the  words  "total  population." 


The  amendment  was  accex)ted  by  the 
mover. 

The  question  was  -put  to  the  Convention 
upon  the  adoption  of  article  19,  majority 
report,  as  article  21  of  the  Constitution, 
and  the  article,  reading  as  follows  : 

Aet.  21.  The  General  Assembly,  at  the 
first  session  after  the  making  of  each 
enumeration,  shall  apportion  the  repre- 
sentation amongst  the  several  i3arishes 
and  representative  districts,  on  the  basis 
of  the  total  i^oiDulation  as  aforesaid.  A 
representative  number  shall  be  fixed 
and  each  parish  a,nd  representative  dis- 
trict shp.IL  have  as  many  Representa- 
tives as  the  number  of  its  total  jDopulation 
will  entitle  it  to  have,  and  an  additional 
Representative  for  any  fraction  exceeding 
one  half  of  the  rex)resentative  number. 
The  number  of  Representatives  shall  never 
exceed  one  hundred  and  tv/enty,  nor  be 
less  than  ninety. 

Was  adopted. 

Mr.  Cooley  moved  to  recommit  article 
20,  of  the  majority  report,  to  the  Committee 
on  the  Legislative  Dei3artment,  with  in- 
structions to  report  a  new  apportionment 
in  accordance  with  the  princiiDle  of  repre- 
sentation now  adopted. 

Mr.  Bertonneau  moved  to  lay  the  mo- 
tion to  recommit  on  the  table. 

Adoioted. 

Mr.  Hempstead  moved  to  adopt  article 
20,  of  the  majority  report,  as  article  22  of 
the  Constitution. 

Various  amendments  were  here  offered 
by  different  members  in  regard  to  the  ratio 
of  repreresentation  of  their  several  districts. 

Mr.  Twitchell  moved  to  lay  all  the  amend- 
ments on  the  table. 

Adojotecl. 

Mr.  Jones  moved  to  amend  by  substitut- 
ing article  12,  of  the  Constitution  of  1864,  as 
article  22  of  the  Constitution. 

Mr.  Bertonneau  moved  to  lay  the  substi- 
tute on  the  table. 

Adopted. 

Mr.  Hempstead  moved  to  adoj^t  article 
20,  of  the  majority  rejport,  as  article  22  of 
the  Constitution. 

Mr.  Blandin  moved  to  amend  by  substi- 
tuting article  31  of  the  majority  report. 

Mr.  Hempstead  raised  the  point  of  order 
that  the  motion  to  substitute,  being  offered 
while  he  was  on  the  floor,  yfus  not  in  ovdev. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION.  133 


The  Chair  decided  that  Mr.  Blandin  had 
the  floor,  and  that  the  substitute  ^'as  in 
order. 

Mr.  Cooley  appealed  from  the  decision  of 
the  Chair. 

The  question  on  the  appeal  being  put 
to  the  Convention,  the  Chair  was  sustained. 

The  question  vras  put  upon  the  adoi^tion 
of  article  31,  of  the  minority  report,  as 
article  22  of  the  Constitution. 

And  the  article,  reading  as  follo-v,-s: 
Art.  22.  Until  an  apportionment  shall  be 
made,  and  elections  lie/id  under  the  same, 
in  accordance  "witli  the  first  enimieration 
to  be  made  as  directed  in  article  20,  the 
representation  in  the  Senate  and  House  of 
Eepresentatives  shall  be  as  follows  : 

For  the  parish  of  Orleans,  and  to  be  elect- 
ed as  follows: 

First  Eepresentative  District  2 

Second         "  "   3 

 4 

"  "   2 

"  "   2 

((  a  .     .  .1 

<<  <<   2 


'  Sabine  1 

St.  Bernard  1 

St.  Charles  1 

St.  Helena  1 

St.  James  2 

St.  John  Baptist  1 

St.  Landrv  4 

St.  Marthrs  2 

St.  Marv's  2 

St.  Tammanr  1 

i  Tensas  2 

I  Terrebonne  2 

Union  1 

I  VermilHon  1 

i  Washington  1 

!"Winn  1 


Third 

Fourth 

Fifth 

Sixth 

Seventh 

Eisrhth 

Ninth 

Tenth 

Eleventh 
Ascension .  . 
Assumption. 


Avoyelles  2 

Baton  Eouge,  East  3 

Baton  Ptouge,  West  1 

Bienville  1 

Bossier  2 

Caddo  3 

Calcasieu  1 

CaldweU  1 

CaiToU  2 

Catahoula  1 

Claiborne  2 

Concordia  2 

DeSoto  2 

Feliciana,  East  2 

Feliciana,  "West  1 

Franklin  1 

Hoer^ille  2 

Jackson  1 

Jefferson  4 

Lafayette  1 

Lafourche  2 

Livingston  1 

Madison  1 

Morehouse  1 

Natchitoches  2 

Ouachita  2 

Plaquemine  1 

•Point  Coupee  2 

Eapides  3 


Total   101 

And  the  State  shall  be  divided  into  tho 
following  senatorial  districts,  to-wit  : 

The  Mrst,  Second  and  Third  Eepresen- 
tative  Districts  of  New  Orleans  shall  form 
one  senatorial  district  and  elect  three  Sen- 
ators. 

The  Fourth,  Fifth  and  Sixth  Eepresenta- 
tive  Districts  of  New  Orleans  shall  form  one 
district  and  elect  two  Senators, 

The  Seventh,  Eighth  and  Ninth  Repre- 
sentative Districts  of  New  Orleans  and  the 
parish  of  St.  Bernard  shall  form  one  district 
and  elect  two  Senators. 

The  Tenth  Eepresentative  District  of 
New  Orleans  shall  form  a  district  and  elect 
one  Senator. 

Fifth  District  of  New  Orleans  and  the 
parish  of  Plaquemine  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  Jefferson,  St.  Charles 
and  St.  John  Baptist  shall  form  one  dis- 
trict and  elect  two  Senators. 

The  parishes  of  Ascension  a.nd  St.  James 
shall  form  one  district  and  elect  one  Sen- 
ator. 

The  parishes  of  Assiunption,  Lafotirche 
and  Terrebonne  shah,  form  one  district  and 
elect  two  Senators. 

The  parishes  of  Yermillion  and  St, 
Mary  shall  form  one  district  and  elect  one 
Senator, 

The  parishes  of  Calcasieu,  Lafayette  and 
St.  Landry  shall  form  one  district  and  elect 
two  Senators. 

The  parishes  of  Livingston,  St.  Helena, 
Washington  and  St.  Tammany  shall  form 
one  district  and  shall  elect  one  Senator. 

The  parishes  of  Point  Coupee,  East  Feli- 
ciana and  West  Feliciana  shall  form  one  dis- 
trict and  elect  two  Senators. 

The  jmrish  of  East  B;iton  Eonge  shall 
form  one  district  and  elect  one  Senator, 

The  parishes  of  AVest  Baton  Eouge,  Iber- 
ville and  St.  Martin  shall  form  one  district 
and  elect  two  Senators. 

The  parishes  of  Concordia  and  Avoj- 


JOUElNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


eUes  sh.ali  form  one  district  and  elect  one  < 
Senator. 

The  parishes  of  Tensas  and  Franklin 
Bliall  form  one  district  and  elect  one  Sen- 
ator. 

The  parishes  of  Carroll,  Madison  and  ^ 
Horebouse  shall  form  one  district  and  elect  : 
two  Senators. 

The  parishes  of  Ouachita  and  Caldwell 
shall  form  one  district  and  elect  one  Sena- 
tor. 

The  parishes  of  Jackson  and  Union  shall 
form  one  district  and  elect  one  Senator. 

The  parishes  of  Bossier,  Bien\-ille  and 
Claiborne  shall  form  one  district  and  elect 
two  Senators. 

The  parish  of  Caddo  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  DeSoto,  Natchitoches 
find  Sabine  shall  form  one  district  and  elect 
two  Senators. 

The  parish  of  Kapides  shall  form  one  dis- 
trict and  elect  one  Senator. 

The  parishes  of  Catahoula  and  Winn  shall 
form  one  district  and  elect  one  Senator. 

Thirty-six  Senators  in  all. 

Was  adopted. 

On  motion  of  Mr  Blandin,  the  Conven- 
tion adjourned  until  to-morrow,  at  11 
©'clock. 

A  true  Goipj: 

WM.  VIGEES,  Secretary. 

THIRTY-THIED  DAY. 
New  Orleans,  Tuesday,  Jan.  7,  1868. 
The  Convention  met  pursuant  to  adjourn- 
ment. 

The  President  called  the  House  to  order 
at  11  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names : 

J.  Gr.  Taliaferro,  President;  Messrs.  Ber- 
tonneau,  Blackburn,  Blandin,  Bonseigneur, 
Bonnefoi,  Brown,  Burrel,  Butler,  Cooley, 
Crane,  Crawford,  Cromwell,  Cuney,  Dear- 
ing,  Demarest,  Depasseau,  P.  G.  Deslonde, 
J.  Deslonde,  Donato,  Douglass,  G.  Duparte, 
U.  Dupart,  Duplessis,  Edward,  Esnard, 
I^rancois,  Ferguson,  Gair,  Gardiner,  Gui- 
ehard,  Harper,  Harris,  Hempstead,  Hies- 
tand,  Ingraham,  E.  H.  Isabelie,  T.  Isabelle, 
Jackson,  Jones,  Kelso,  Landers,  Lange, 
Leroy,  J.  B.  Lewis,  E.  Lewis,  Lynch, 
3Iarie,  Martin,  Massicot,  Meadows,  Morris, 
Moses,  Murrel,  Myers,  Newsham,  Oliver, 
-Packard,  Pierce,  Pinchback,  Poindexter, 
Eeagan,  Eeese,  Eiard,  Eiggs,  Eoberts, 
Eodriguez,  Schwab,  Smith,  Scott,  Snider, 
.^teele,  Thibaut,  Underwood,  Valfroit,  Yan- 


dergriff,  Yidal,  Waples,  Wickliffe,  Williams, 
Wilson — 81  members  j)resent. 
Prayer  by  the  Eev.  Jos.  Fisk. 
The  minutes  were  read  and  were  cor- 
rected by  the  substitution  of  Mr.  Blandin's, 
in  place  of  Mr.    Belden's  name,  as  the 

mover  of  the  substitute  to  Mr.  motion. 

The  minutes,  as  amended,  were  adopted. 
Mr.  Moses  moved  that  the  Convention - 
hereafter  change  the  hour  from  eleven  to 
ten  o'clock,  for  the  purpose  of  expediting 
the  business  of  this  Convention. 
Which  was  ruled  out  of  order. 
Mr.  Waples  moved  to  take  up  the  motion 
of  Mr.  Moses  on  the  same  subject  offered 
yesterday. 
Lost. 

OEIGINAIi  EESOLUTIONS. 

By  Mr.  Oliver  : 

Resolved,  Any  registered  voter  shall  vote 
in  the  parish  where  he  resides,  whether  he 
is  registered  in  said  parish  or  not. 

Mr.  Cooley  moved  to  amend  by  padding 
"and  truly  loyal." 

Mr.  Jones,  to  amend  by  adding  '  'has  served 
in  the  United  States  army." 

Mr.  Cooley.  to  amend  by  adding  "and 
who  was  never  dismissed  the  service." 

Mr.  Belden  moved  to  lay  the  resolution 
on  the  table  subject  to  call. 
Adopted. 

By  Mr.  Blackburn,  Chairman  of  Com- 
mittee on  Printing  : 

Resolved,  That  five  hundred  copies  of  the 
Journal  of  the  Convention  be  published  in 
French,  in  book  form,  by  the  editor  of  the 
'  St.  Landr}^  Progi-ess,  the  book  to  be  com- 
posed in  bourgeois  type,  the  pages  to  be 
of  the  same  size  of  such  work,  and  to 
■  be  folded  and  stitched  in  the  ordinary 
style ;  Provided,  That  this  Convention 
shall  pay  the  editors  of  the  St.  Landry 
Progress  five  dollars  per  page  for  the 
same. 

Mr.  Bertonneau  moved  to  suspend  the 
rules  to  place  it  on  its  ^Dassage. 
Adopted. 

Mr.  Bertonneau  moved  to  lay  it  on  the 
table. 
Adopted. 

KBPORT  OF  STANDING-  COMMITTEES. 

Commxittee  on  Prhiting — No  report. 
Committee  on  Contingent  Expenses,  sub- 
-  mitted  the  following  report : 


JOUENAL  OF  THE  COXSTITuTIO^TAL  COKTEXTION. 


l:3o 
1,792  00 


New  Oeleaxs.  La.,  January  6,  18G8. 

To  tlie  President  aud  Members  of  the  Coiistitutioual 
Convention: 

Gentlemen  : — The  Committee  on  Con- 
tingent expenses  to  v.-liom  was  referred  res- 
olution calling  for  'kletailecl"  statement  of  !  DFXE^[BEu  4th,  i867-3ougLt  of  Jolin  "NV.  Gladden 
the  expenses  of  the  Convention,  beg  leave 
to  submit  the  foUoving  detailed  statement 
of  the  expenditm-es,  which  makes  in  the 
aggregate  uj)  to  December  31st,  1867,  the 
sum  of  $53,874  50. 

Eesi^ectfuUy  submitted, 

Hy.  Boxseigxeue, 

Chairman. 


committee  ox  peixtixg. 

XoVEJfBER  2Stli,  1367— To  the  Xew  Orleans  Tkibuxe  : 

300  copies  roll  calls   $25  00 

200     "     rules     and  regula- 
tions, 13  pages   65  00 

100  copies  bills  levee  bonds,  1 

'  page   8  00 

200  copies  mihtia,  1  page   8  00 

1,000  warnints   30  00 

100  copies  bills   of    rights,  7 

pages  

200  copies  bills  of  board  of  i3ub 
lie  works,  2  i^ao-es  


300  coj)ies  bills  of  legislative  de- 
partment, 7  pages  

200  copies  bills  of  Committee  on 

Finance,  2  pages  

150  copies  bills  of  Committee  on 

Printing,  4  pages  

200  copies  bills  of  Committee  on 

Judiciary,  7  pages  

200    copies    ])ublic  education, 

(majority),  3  i^a.ges  

200  copies  i>ublic  education,  (mi- 
nority), 3  pages  

200  copies  resolution,  Tinchant, 

1  page  

150  copies  extra  militia,  Pinch- 
back,  1  page  

1,000  copies  Gen.  Prov.  majority 

report,  9  pages  

1,000  warrants  extra  

200  copies  Gen.  Prov.  minority, 

5  pages  

200  copies  Committee  on  Legis- 
lative, 11  pages  

150  coiDies  bills  (cheap  freight 
raihvay,  2  X3ages 


200  copies  schedule  and  ordi 
nance,  3  images  

500  copies  majority  rei^ort 
draft,  39  images  

500  copies  minority  ve-poi 
draft,  45  pages  


56  00 
16  00 
84  00 
16  00 
32  00 
56  00 
24  00 
24  00 
8  00 
8  00 

72  00 

30  00 

40  00 
88  op 
16  00 
24  00 
760  00 
880  00 


For  publication  of  twenty  dj./v 
"Official  Journal, "  1, 792  squares. 


,370  00 


Total  amount  for  printing. .  .$4,162  00 

com:mittee  ox  coxtixgext  expexses. 


2  reams  12  lb.  legal  en^,  at  $8, 

extra  heavy  white  laid   $16  OO" 

1  box  paper  fasteners   3  00 

2  books  made  to  order,  for  pro- 
ceedings of  the  Convention,  at 
$7  50   15  00 

Cash  advanced  for  100  three  cent 
postage  stamps   3  00 


$37  00 


Uecembek  4tli,  1867— Bonglit  of  S.  Bloomficld 

1  minute  book  

12  reams  ruled  cap  paper,  at  .^10 
12  "  letter 

8  boxes  letter  envelopes  at  >'7  50 
36  dozen  lead  pencils  at  $1  -"30  .  . 

5  dozen  official  envelopes,  at  S15 

25  balls  of  tv-iup.  nt  i^'^c.  ^  

1  Worcestei':  ^ary  

1  map   of    ^          '.-leans,  (re- 
turned)   

1  map  of  the  world,  (retrvi'ed) 
12  dozen  blottin.o-  ;).i;)er  ;iv  ■ '1  50 

6  bottles  of  ink  ar^^l  

4  reams  envelop  ■    .  ■  2.. 

3,000  note  enve:  ... 

12  reams  note  pap,..v  ..;  ■  

Printing  250  number.:- :    ■  d  ^ks, 

and  pastin.:^'  same  on  vl-.-sns.  .  .  . 
125  copies  Con.stitution  of  1867, 

at  si  50  

6  glass  paper  wei  .  .     ;i  '  ^l  50  .  . 

2  card  racks,  at  ^'^   

18  pen  racks  at  50c  

12  tin  cutters,  at  75c  

12        "         at  50c  

12  paper  vreights  at  81  

2  "  at  $1  50  

12  cups  and  sponges,  at  $1  50  . . 
ream  red  blotting  x^aper  at 

"$15  

6  bottles  of  pounce  at  50c  

1  box  quill  pens  

4  water  pitchers, at  $1  50  

7  waiters,  2  at  SI,  and  5  at  75c .  . 
6  brooms  at  75c  

3  vrhist  brooms,  at  75c  

6  tumblers,  at  25c  

2  feather  dusters,  ;it  Si  

13  pieces  of  rubber,  at  25c  

1  ruler  

7  erasers,  at  SI  25  

36  dozen  penholders,  at  Si  50  .  . 

12  boxes  pens,  at  SI  50  

6  rubber  bands,  at  25c  

4  dozen  rubber  bands,  at  50c .... 
6  folders  at  75c  


&Co. 
$20 
120 
120 
60 
54 
75 
6 

20 

5 
25 
18 

6 
48 
19 
60 


00 
00 
00 
00 
00 
00 
25 
00 

00 

00 
00 
00 
00 
50 
00 


10  00 


187 
9 
2 
9 
9 
6 

12 
3 

18 

7 

3 
1 
6 
5 
4 
2 
1 


1 
8 
54 
18 
1 
2 
4 


50 
00 

50 
00 
00 
00 
00 
00 
00 


00 
50 
00 
75 
50 
25 
50 
00 
25 
00 
75 
00 
00 
50 
00 
50 


136 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


2  arm  rests  at  $1  50   3  00 

2  thermometers  and  calendars, 

at  S4  and  $2  50   6  50 

2  calendars,  50c  and  75c   1  25 

12  bottles  of  mucilage,  at  75c. . .  9  00 

6  large  inkstands  at  ^1   6  00 

90  inkstands,  at  50c   45  00 

6  bottles  of  red  ink,  at  75c   4  50 

$1,132  00 

Deduction  of  2  maps,  (returned)  30  00 

11,102  00 

By  error  of  addition  on  bill   1  00 

$1,101  00 

December  16,  1867— Bought  of  B.  Bloomfield  &  Co.: 

1  ledger,  $4;  1  journal,  $o  $     9  00 

1  index  memorandum  book   2  00 

}4  ream  ruled  cap   5  00 

15  reams  ruled  cap  (a),  $10 .   150  00 

5  reams  note  pax:)er  @,  $5   25  00 

12  vials,  superfine  carmine,  @,  75 

cents   9  00 

10  jDacks  official  envelojpes,  @ 

75  cents   7  50 

15  packs  letter  envelopes,  @  25c.  3  75 

48  folders,  @  50c   24  00 

12  erasers — 7  @  $1  25  and  5  @ 

$1   13  75 

12  pair  scissors,  @  75  cents   9  00 

12  dozen  lead  pencils,  (a),  $1  50 . .  18  00 

3  blank  books,  @  $2   6  00 

12  rulers   10  50 

15  barrels  coal,  @  $1  50   22  50 

2  index  memorandum  books,  @, 

$2   4  00 

1  ledger,  $4;  1  blank  book,  ^4. .  8  00 

1  gross  boxes  matches   4  00 

1  ream  envelope  paper   12  00 

5  reams  ruled  c&-p,  @  10   60  00 

'  1  box  letter  envelopes   4  00 

1  dozen  clips   10  60 

6  newspaper  files,  @  .^1  50   9  00 

1  brush  and  paste   75 

1  large  scrap  book,  ruled  to  or- 
der   10  00 

1  box  metallic  paper  fasteners. . .  1  00 

1  newspaper  file   1  50 

8429  75 

Pecember  17,  1867— Bought  of  B.  Bloomfield  &  Co.: 

1  ream  ruled  letter  i3aper  $    10  00 

1  ream  ruled  cap  paper   1  '  00 

1^  ream  legal  cap  paper   5  00 

1  dozen  lead  pencils   1  50 

1  box  pens   1  50 

5  quires  enrolling  paper,  @  $4 . .  20  00 

1  dozen  pen-holders   1  00 

200  letter  envelopes,  @  $1   2  00 

200  official  envelopes,  @  $3   6  00 

1  dozen  blotting  i3aper   1  50 


12  bottles  mucilage,  @  Si  25 . . .  15  00 

30  2-cent  postage  stamps   60 

30  3-cent  postage  stamps   90 

1  note  book   2  00  j 

1  order  b  ook   5  00  j 

10  boxes  GiUot's  pens,  @  $2  50 . .  25  00 

1  box  patent  paper  fasteners. ...  2  50 

$109  50 

December  23,  1867— Bouglit  of  B.  Bloomfield  &  Co.: 
12  bottles  Davis'  Writing  Fluid . .  $   12  00 

December  30, 1867— To  George  Hite,  locksmith : 
97  desk  locks  and  keys,  @,  75 

cents  $  72  75 

1  mortise  lock  and  plated  nobs . .  12  00 

Eepairing  15  locks   8  50 

1  desk  lock,  No.  52,  fitting  on . .  2  00 

3  locks,  @  |2   6  00 

Opening  2  locks,  (d^,  50  cents, ...  1  00 
Bepairing  and  furnishing  locks 

and  keys   20  00 

1122  25, 

wakeant  cleek  s  eepoet.  " 

"Waeeant  Cleek's  Office,  ) 
New  Orleans,  December  27,  1867.  j" 

To  the  Chairman  and  Members  of  Committee  on  Con- 
tingent Expenses : 

Gentlemen — I  have  the  honor  to  trans- 
mit to  you  the  following  statement,  agree- 
ably to  your  request,  in  order  to  enable  you 
to  report  in  compliance  to  the  resolution 
ofifered  by  the  Hon.  A.  Bertonneau,  of  Or- 
leans, and  adoj^ted  by  the  Constitutional 
Convention : 

YoT  jjer  diemiip  to  date  .^34  650  00 

For  mileage,  about   10,000  00 

For  officers  and  employees. . .  .    3,250  00 

Total  .....$47,900  00 

Respectfully, 

J.  L.  Montieu, 

Warrant  Clerk. 

EECAPITULATION. 

Total  expenses  of  the  Commit- 
tee on  Printing  $  4,162  00 

Total  contingent  expenses  com- 
mittee   1,812  50 

Total ^j>er  diem  of  members. . .  34,650  00 

Total  mileage  of  members, 
about   10,000  00 

Total  amount  for  officers  and 

employees   3,250  00 

Grand  total  |53,874  50 

Mt.  Cooley  moved  that  the  report  lie 
over  and  100  copies  be  printed.  J 
Adopted.  m 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


137 


Mr.  Eodrigiiez  was  called  to  tlie  cliair.  i 

SPECIAIi  COMiHTTEES.  ^ 

The  Special  Committee,  consisting  of  tlie 
President  and  Messrs.  Cooley  and  Black- 
3urn,  submitted  the  following  re^Dorts:  i 

To  the  Constitutional    Convention  of  the  State  of 
Xrouisiaua : 

The  undersigned  appointed  a  special 
Committee  hj  this  honorable  body  to  con- 
ider  and  report  npon  the  ordinance  intro- 
luced  in  the  Convention  veiterdaT,  by  the 
ion.  W.  J.  Blackburn,  in  relation  to  the 
warrants  issued  by  the  Convention  for  the 
)ay  of  members  and  officers,  -which  said 
)rdinance  projooses  to  make  such  warrants 
eceiTable  in  payment  of  all  taxes  :  that 
evied  by  this  Convention,  the  different 
State  taxes,  municipal  and  parachial  taxes, 
md  the  purchase  of  public  lands.  And 
ilso  the  substitute  offered  to  said  ordinance 
3y  the  Hon.  W.  H.  Cooley,  forcing  the ' 
Sheriffs  and  tax  collectors  throughoui  the  ' 
State,  to  pay  in  the  State  Treastry  only 
5uch  funds  as  were  actually  received  by 
hem  in  payment  of  the  tax  levied  by  the 
Donvention  and  requiring  the  Auditor 
)f  Pubhc  Accounts  to  exact  e^udence  from 
ach  tax  collector  or  Sheriff',  to  the  effect 
:hat  the  funds  or  warrants  offered  to  be 
paid  in  the  treasury  by  them,  were  ac- 
inially  received  by  them  in  paynitnt  of  the  ■ 
iiax  referred  to,  beg  leave  to  re^^ort  as  fol- 
lows : 

They  are  of  opinion  that  this  Convention 
das  not  the  power  to  make  the  warrants  it 
issues  for  the  pay  of  members  and  ohicers. 
eceival^le  in  payment  of  any  other  tax 
than  that  levied  for  the  purpose  of  defray- 
ing its  expenses. 

Practically,  this  Convention  cannot  carry 
ont,  even  the  ordinance  of  the  24th  Decem- 
ber, 1867,  le%wing  ilie  r-ix  of  one  mill  per 
cent.,  which  it  has  the  unquestionahile 
power  to  pass,  under  the  reconstruction 
a,ws  of  Congress.  The  courts  of  the  State 
would  enjoin  all  process  tending  to  execute 
that  ordinance  and  the  only  hope  the  Con- 
vention can  entertain,  is  the  well  founded 
one  that  the  General  commanding  the 
Fifth  ]\IiHtary  District  will  consider  as  an 
imj)ediment  to  reconstruction,  which  he  is 
bound  to  remove  any  Judge  of  the  State 
who  Vrould  arrest  the  x)rogress  of  the  col- 
i  lection  of  the  tax  imx^osed.  The  under- 
signed firmly  believe  the  Commander  of  the 
Pifth  MiUtary  District  will  enfore  the  col- 
lection of  the  tax  levied  by  the  ordinance  of 
the  24th  December  last.  But  they  are  not 
I  certain  he  will  do  so,  if  the  Convention 
now  adds  to  said  ordina.nce  such  con- 
ditions as  those  proposed  in  the  '^^^ ""-.ple- 
mentary  ordinance  of  Mr.  Bl:-v.Kburn, 
which  conditions,  in  their  oioinion,  are  clear- 


ly illegal.  They  would  therefore  advise 
and  recommend  the  rejection  of  the  ordi- 
nance offered  by  the  Hon.  W.  J.  Blackburn, 
and  the  adoption  of  the  substitute  intro- 
duced by  W.  H.  Cooley. 

J.    G-.  TALIiiJ-EEEO, 

TS'.  H.  Cooley. 

Minority  report : 

To  the  President  and  Members  of  the  Constitutional 
Convention  : 

Having  been  appointed  one  of  the  com- 
mittee of  three  to  report  this  morning  on 
the  matter  of  the  ordinance  which  I  had 
the  honor  to  introduce  on  yesterday,  to- 
gether with  the  substitute  thereto  offered 
i:»y  the  honorable  member  from  Point  Cou- 
pee, Mr.  Cooley.  I  respectfully  ask  leave  to 
report  on  my  own  behalf  in  favor  of  the 
ordinance  at  first  introduced,  subject  to  any 
verbal  chaiiues  which  may  be  deemed  ne- 
cessary for  the  friends  of  the  measure, 

W.  -Jaspee  BnACKBrEx. 

Mr.  Cooley  moved  to  receive  the  majority 
report,  and  to  adopt  the  sul?.stitute  to  the 
original  ordinance  proposed  by  Mr.  Black- 
bitrn,  as  recommended  by  the  committee. 

The  iDre^ious  cpiestion  was  ordered  and 
the  motion  of  Mr.  Cooley  xDrevailed,  and 
the  ordinance,  reading  as  follows: 

The  Sheriffs  and  tax  collectors  through- 
out the  St-ate  shall  pay  in  the  State  Treasury 
in  the  currency  actually  received  by  them, 
all  sums  collected  by  them  under  the  Tax 
Ordinance,  passed  by  the  Convention  on 
the  24th  of  December.  18G7,  and  in  all  cases 
viien  they  offer  the  warrants  issued  by  au- 
tlii.nity  of  this  Convention,  in  payment  of 
taxes  collected  by  thr-m.  it  shall  be  the  duty 
of  the  Auditor  of  Pn'ilie  Accounts  to  re- 
quire from  said  Sheriffs  mid  tax  collectors, 
evidence  that  the  said  WiU'rauts  were  hon- 
estly received  by  them  in  payment  of  taxes 
levied  by  this  Convention.  Provided,  The 
oath  of  the  Sheriff's  and  tax  collectors 
shall  be  received  to  ijrove  the  fact. 

Was  adopted. 

UXFrSUSKED  BUSrS"ESS. 

Mr.  Lynch  moved  to  adopt  article  20,  of 
the  majority  report,  as  article  23  of  the 
Constitution,  and  the  article,  reading  as 
f  ollow-s : 

Aet.  23.  The  House  of  E^presentatives 
shall  choose  its  Speaker  and  other  officers. 
Was  adopted. 

Mr.  Ingraham  moved  to  adopt  article  21, 
of  the  majority  report,  as  article  24  of  the 
Constitution. 

Mr.  Waples  moved  to  amend  by  inserting 
the  words  "  carrying  concealed  weapons. " 


138 


JOUENAL  OP  THE  CONSTITUTIONAL  CONVENTION. 


Lost. 

The  question  recurring  upon  the  adoption 
of  the  original  article,  reading  as  follows  : 

Aet.  24.  Electors,  in  ail  cases,  except 
treason,  felony  or  breach  of  the  peace,  shall 
be  privileged  from  arrest  during  their  at- 
tendance on,  going  to  and  returning  from 
elections. 

It  was  adopted. 

Mr.  Ingraham  moved  to  adopt  article  22, 
of  the  majority  report,  as  article  25  of  the 
Constitution,  reading  as  follows  : 

Aet,  25.  At  its  first  session  under  this 
Constitution,  the  General  Assembly  shall 
provide  by  law  that  the  names  and  residence 
of  all  qualified  electors  shall  be  registered 
in  order  to  entitle  them  to  vote  ;  but  the 
registry  shall  be  free  of  cost  to  the  elector. 

And  it  was  adopted. 

Mr.  Smith  moved  to  reconsider  the  vote 
last  taken. 

Mr.  Cooley  moved  to  lay  the  motion  to 
reconsider  on  the  table. 

Mr.  B.  H.  Isabelie  raised  the  iDoint  of 
order  that  Mr.  Cooley's  motion  to  lay  on 
the  table  the  motion  to  reconsider  was  made 
while  another  member  heldthe  floor,  and 
was  not  in  order. 

The  Chair  so  ruled. 

Mr.  Cooley  api^ealed,  and  the  Chair  was 
not  sustained. 

The  Chair  -put  the  question  upon  laying 
on  the  table  the  motion  to  reconsider,  and 
the  motion  was  laid  on  the  table. 

Mr.  Underwood  moved  to  adopt  article 
23,  of  the  majority  rex^ort,  as  article  26  of 
the  Constitution. 

Mr.  Packard  moved  to  amend  by  adding 
the  words  "  Fiovidecl,  That  no  voter,  in  re- 
moving from  one  to  another,  shall  lose  his 
right  to  vote  in  the  former,  until  he  has 
acquired  it  in' the  latter. "  The  amendment 
was  adopted. 

Mr.  Belden  moved  to  ado^^t  the  article  as 
amended,  and  reading  as  follows : 

Aet.  26.  No  person  shall  be  entitled  to 
vote  at  any  election  held  in  this  State,  ex- 
cej)t  in  the  parish  of  his  residence  and  at 
the  election  precinct  in  which  he  is  regis- 
tered ;  Provided,  That  no  voter  in  remov- 
ing from  one  to  another,  shall  loose  his 
right  to  vote  in  the  former  until  he  has  ac- 
quired in  the  latter. 

And  it  was  adopted. 

Mr.flngraham  moved  to  adopt  article  24, 


of  the  majority  report,  as  article  27  of  th 
Constitution. 

Mr.  Crane  moved  to  amend  by  strikin 
out  "four"  and  inserting  "two." 

Mr.  Hempstead  moved  to  lay  the  amenc 
ment  on  the  table. 

Lost. 

Mr.  Smith  called  for  the  previous  quel 
tion  on  the  amendment. 

Mr.  Underwood,  pending  action  upo, 
the  caU.  for  the  previous  question,  move 
to  adjourn. 

The  Chair  proceeded  to  take  the  sense  o 
the  Convention  upon  the  call  for  the  pr( 
vious  question. 

Mr.  Cooley  raised  the  point  of  order  ths 
the  motion  to  adjourn  had  precedence 

The  Chair  decided  that  the  motion  t 
adjourn  being  made  Avhile  the  Chair  wa 
stating  to  the  Convention  the  call  for  th 
previous  question,  was  not  in  order. 

Mr.  Coole^^  appealed  and  the  Chair  wa 
not  sustained. 

The  motion  to  adjourn  was  lost 

Mr.  Smith  moved  to  adjourn  till  Thur; 
day  at  11  o'clock. 

Lost. 

Mr.  Isabelie  called  for  the  previous  ques 
tion  ux3on  the  amendment. 

Which  was  ordered. 

Mr.  Y/apies  moved  to  adjourn 

The  Chair  ruled  the  motion  out  of  ordel 

Mr.  Cooley  appealed. 

The  Chair  was  sustained 

The  question  was  put  u^Don  the  adoi^tio; 
oTthe  amendment  of  Mr.  Crane. 

And  it  was  adopted. 

Mr.  Cooley  moved  to  adjourn  till  1 
o'clock  Wednesday. 

Lost. 

The  question  recurring  upon  the  adoptioi 
of  the  article,  as^amended, 
follows  : 

Aet.  27.  The  m.embers  of  the  Senate  shaJ 
be  elected  for  the  term  of  two  years,  am 
when  assembled  the  Senate  shall  have  powe: 
to  choose  its  own  ofiicers. 

It  was  adopted. 

On  motion  the  Convention  adjourned  til' 
Thursday  at  11  o'clock  a.  m. 

A  true  Gopj: 

WM.  YIGEES,  Secretary. 


JOUEXAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


139 


THIETY-FOUETH  DAY. 
'ew  Oeleaxs,  TlmrsdaY,  Jan.  9,  1868. 
he  Conyention  met  pursuant  to  adjourn- 
it. 

he  President  called  the  Convention  to 
dsr  at  11  A.  M. 

he  roU  was  caUed  and  the  foUoviing 
nbers  ansTvered  to  their  names : 
G.  Taliaferro,  President ;  Messrs.  Antoine, 
:er,  Barret,  Belden,  Blackburn,  Blandin, 
*eigneui',  Brovm,  Burrel,  Butler, Cooley, 
ne,  Crawford,  Cromxv'ell,  Dearing,  De- 
.•est,  Depasseau,  P.  G.  Deslonde,  Jos. 
ilonde,  Donato,  Douglass,  U.  Dupart, 
plessis,  Esnard,  Ferguson,  Gardiner, 
^chard,  Harper,  Harris,  Harrison, 
npstead,  Hiestand,  Ingraham,  Jackson, 
.es,  Kelso,  Landers,  LeroT,  J.  B.  Lewis, 
hard  Lewis,  Ludeling,  Lynch,  Marie, 
=>sicot,  Meadows,  McLeran,  Morris, 
ses,  Mui-rel,  Myers,  Newsham,  OHver, 
:kard.  Pierce,  Poindexter,  Eeagan, 
rd,  Eiggs,  Eoberts.  Eodriguez,  Schwab, 
ith,  Suaer,  Scott,  Snider,  Steele,  Thi- 
.t,  Tinehant,  Twitchell,  Underwood, 
idergriff,  Vidal,  Tvaples,  Wickliffe,  WH- 
as,  XVilson — 77  members  present, 
.'he  minutes  were  read  and  adoiDted. 


Ir.  Coole"  moved  that  the  report  of 


nmittee   on   Contino-ent  E: 


:pense45 


the 
be 


next.  i 
Ldopted.  I 
Hr.  Moses  moved  that  after  the  twentieth  i 
r  of  this  month  no  member  of  this  Con- : 
ition  will  be  entitled  to  any  per  diem. 
)n  motion  it  Avas  laid  on  the  table — ayes 

lys  33 — as  foUows: 
^ntoine,  Blackburn,  Blandin,  Burrel, 
tier.  Crane,  Cromwell,  Demarest,  De- 
seau,  Dnato,  Douglass,  Duparte  G.,  Du- 
t  U. ,  Esnard,  Francois,  Gair,  Gardiner, 
rris,  Hempstead,  Ingraham,  Isabelle 
H.,  Isabelle  Thos.,  Jackson,  Jones, 
Iso,  Landers,  Lange,  Le^yis  J.  B.,  Le^ds 
hard.  Meadows,  McLeran,  Morris, 
)ses,  Murrel,  Mushaway,  Newsham,  Oli- 
Eeagan,  Eiggs,  Eodrio-uez,  Schwab, 
3tt,  Snider,  YaKroit,  Yidal,  Wickhffe, 
.Uiams,  Wilson — i-S  ayes. 
Jfays:  Barrett,  Belden,  Bertonneau,  Bon- 
gneur,  Bonnefoi,  Brovm,  Cooley.  Craw- 
d,  Deslonde  P.  G.,  Duplessis,  Fuller, 
guson,  Guichard,  Harper,  Hiestand, 
deling,  Tdassicot,  McMihen,  Myers, 
Ickard,  Pinchback,  Poindexter,  Beese. 
Bird,  Smith,  Snaer,  Steele,  Thibaut,  Tin- 


!  chant,  Twitchell,  Underwood,  Yandergriff, 

I  Waples— 33. 

I    By  Mr.  E.  Tinehant  : 

I    WhePvEas,  By  the  late  ordinance  passed 

i  by  this  Convention  on  the  7th  inst.,  an 
additional  tax  is  levied  upon  the  tax  payers 
who  vrill  fail  to   comply  within   a  certain 

'  number  of  days  with  the  pro^dsions  of  the 

I  tax  ordinances  issued  by  this  Conventionj 

i  and 

Wheeeas,  The  majority  of  the  x^eople  of 
this  city  and  State  seem  inclined  to  refuse 
the  x^ayi^ent  of  said  tax,  being  under  the 
imp)ression  that  the  Major  General 
commanding  this  district  will  not 
cause  the  ordinances  issued  by  this  Con- 
vention to  be  enforced;  and 

Y-^HEEEAS,  This  Convention  will  by  aU. 
means  prevent  the  tax  payers  from  being 
overburdened  by  extra  taxation;  therefore, 
be  it 

Resolved,  That  a  commitiee  of  five  (5)';  be 
a;p>pointed  by  the  Chair  to  wait  on  General 
;  Hancock,  with  the  object  of  inviting  him 
i  to  issue  an  order  endorsing  the  various  tax 
i  ordinances  adopted  by  this  Convention. 

Lies  over. 

By  Mr.  E.  I.  CromweH: 
All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdic- 
tion thereof,  are  citizens  of  this  State,  ex- 
cepting those  x^ersons  who  shall  have  taken 
an  oath  to  supx3ort  and  d.eiend  the  govern- 
ment and  the  Constitution  of  the  so-called 
Confederate  States  of  America.  Every  male 
inhabitant,  being  twenty-one  years  of  age 
and  a  citizen  of  the  United  States,  and  a 
resident  sixty  days  in  the  x^^-'-isb  in  v/hich 
he  offers  to  vote,  and  twelve  months  next 
i  x^i'eceding  an  election,  shall  be  deemed  an 
i  elector.  No  x>ei'son  I  disfranchised  by  this 
j  article  shall  be  allowed  to  vote  until  after 
I  the  first  of  January,  1878,  aU  those  persons 
I  disqualiiied  from  voting  or  holdmg  any 
j  ofxice  by  the  third  section  of  the  fourteenth 
article  of  the  amendment  to  the  Constitu- 
tion of  the  United  States.  But  the  General 
Assembly  may.  bv  a  two  thirds-vote  of  each 
House,  remove  such  disability. 

Provided,  That  such  disability  shaU  not 
be  done  until  after  January  1st,  1888. 

Resolved,  That  this  article  shall  be  an 
article  in  the  Constitution  of  the  State  of 
Louisiana.    Lies  over. 

Mr.  I'elden  moved  to  susx^end  the  rules 


to  take 


Mr.  1 

25  of 


P  the  order  of  the  day. 
.  d. 

rXFIXISHED  BUSINESS. 

.derwood  moved  to  adox^t  : 
^  majority  rex3ort,  as  article 


irticle 
28  of 


the  Constitution. 


140 


JOUENAL  OF  THE  CONSTITUTIONAL  CONYENTIOK 


Mr.  Crane  moved  to  take  up  from  the 
table  the  motion  to  reconsider  article  23. 

Mr.  Crawford  called  for  the  iDrevious 
question. 

Mr.  Packard  raised  the  point  of  order 
that  the  motion  of  Mr.  Underwood  had 
jDrecedence,  and  the  motion  of  Mr.  Crane 
was  not  in  order. 

The  Chair  decided  that  the  previous 
question  on  Mr.  Crane's  motion  to  recon- 
sider was  in  order. 

The  demand  for  the  previous  question  was 
seconded  by  a  majority  of  the  delegates. 

And  the  motion  to  take  up  from  the  table 
the  motion  to  reconsider,  was  lost. 

Mr.  Isabelle  moved  to  adopt  article  25, 
of  the  majority  report,  as  article  28  of  the 
Constitution,  reading  as  follows : 

Abt.  28.  The  General  Assembly  shall 
divide  the  State  into  senatorial  districts 
whenever  it  apportions  representation  in 
the  House  of  Representatives. 

And  it  was  adopted. 

Mr.  Underwood  moved  to  adopt  article 

26,  of  the  majority  report,  as  article  29  of 
the  Constitution. 

Mr.  R.  H.  Isabelle  moved  to  amend  by 
striking  out  the  words  "electoral  vote,"  and 
inserting  the  words  "total  population." 

Adopted. 

And  the  article,  as  amended,  and  reading 
as  follovv^s: 

Aet.  29.  No  parish  shall  be  di\dded  in 
the  formation  of  a  senatorial  district,  the 
parish  of  Orleans  excepted;  and  whenever  a 
new  parish  be  created,  it  shall  be  at- 
tached to  the  senatorial  district  from  which 
most  of  its  territory  is  taken,  or  to  another 
contiguous  district,  at  the  discretion  of  the 
Legislature,  but  shall  not  be  attached  to 
more  than  one  district.  The  number  of 
Senators  shall  be  thirty-six,  and  they  shall 
be  apportioned  among  the  senatorial  dis- 
tricts according  to  the  total  population 
of  said  districts. 

Was  adopted. 

Mr.  Underwood  moved  to  adopt  article 

27,  of  the  majority  report,  as  article  30  of 
the  Constitution. 

Mr.  Lynch  moved  to  insert  the  words 
"total  j)opulation, "  instead  of  "electoral 
vote,"  which  was  agreed  to. 

And  the  article,  reading  as  follows: 
Akt.  30.  In  all  apportionments  of  the 
Senate,     the    total    population    of  the 


Avhole  State  shall  be  divided  by  the  nun 
thirty-six,  and  the  result  produced  by 
division  shall  be  the  senatorial  ratio  en 
ing  a  senatorial  district  to  a  Senator. 

Single  or  contiguous  parishes  shall 
formed  into  districts,  having  a  popula' 
the  nearest  possible  to  the  number  entit 
a  district  to  a  Senator;  and  if  the  apj 
tionment  to  make  a  parish  or  district 
short  of  or  exceed  the  ratio,  then  a  disi 
may  be  formed  having  not  more  than 
Senators,  but  not  otherwise.  No  new 
portionment  shall  have  the  effect  of  abri 
ing  the  term  of  service  of  any  Sen; 
already  elected  at  the  time  of  making 
apportionment.  After  an  enumeration 
been  made  as  directed  in  the  21st  arti 
the  Legislature  shall  not  pass  any  law 
an  apportionment  of  representation  in  l 
Houses  of  the  General  Assembly  be  mi 

Was  adopted. 

Mr.  Antoine  moved  to  reconsider  the  ■ 
by  which  article  27  of  the  Constitution 
adopted. 

Mr.  Crane  moved  to  lay  the  motion  to 
consider  on  the  table. 
Lost. 

The  motion  to  reconsider  was  adoptee 
Mr.  Hempstead  moved  to  amend  art 
27  of  the  Constitution  by  striking  out 
word    "two,"    and    inserting  the 
"four." 

The  previous  question  Avas  ordered, 
ayes  and  nays  were  called  and  the  amt 
mcnt  was  adopted  by  the  following  vol 
ayes  47,  nays  34 — as  follows : 

Ayes:  Antoine,  Baker,  Barret,  Belc 
Blackburn,  Bonnefoi,  Brown,  Coo 
Crawford,  Cromv\^ell,  Bearing,  Demai 
P.  G.  Deslonde,  Douglass,  U.  Dupart, 
nard,  Ferguson,  Gair,  Guichard,  Hai 
Hempstead,  Ingraham,  Thos.  Isab< 
Kelso,  Landers,  Leroy,  J.  B.  Lewis, 
Lewis,  Ludeling,  Lynch,  Meadows,  '. 
Leran,  McMillen,  Myers,  Newsham,  Oli 
Poindexter,  Reagan,  Reese,  Riard,  Sm 
Thibaut,  Tinchant,  Twitchell,  Underwc 
Yandergrilf,  Waples — 47  ayes. 

Nays:  Bertonneau,  Blandin,  Bonseign( 
Burrel,  Butler,  Crane,  Depasseau,  G.  ' 
part,  Duplessis,  Francois,  Gair,  Hari 
R.  H.  Isabelle,  Jackson,  Jones,  Lai 
Marie,  Martin,  Morris,  Moses,  Mm 
Mushaway,  Packard,  Pierce,  Pinchb? 
Pollard,  Riggs,  Rodriguez,  Schwab,  Sc 
Valfroit,  Wickliffe,  WiUiams,  Wilson- 
nays. 

Mr.  Underwood  moved  to  reconsider 
last  vote. 


JOURXAL  OF  THE  COXSTITUTIOXAL  COX^^EXTIOX. 


141 


!r.  Oliver  moved  to  lay  tlie  motion  to  '  pov>-er  to  compel  tlie  attendance  of  aljsent 


-ider  on  the  table, 
pted. 

Bertonneaii  suggested  a  verbal  cor- 
ij.  in  article  30  of  tlie  Con-:itnrion.  b;^ 
stitutinsr  liie  tiLrnres  21    :r  1^     and  tlit 


nr. 

rticle 
31  of 


G 


:!  Qge  v-,-  111- l  ie  'oy  unanimous  eon^ 
Ur.  E..inp^;-ad  moved  to  adopi 
of  the  majority  rex^ort,  a^  aiLiL-le 
Constitution,  reading  as  follo"'-: 

ET.  31.  At  tlie  lirst  ses>ion  of  tlie 
Assembly,  after  tlii^  Con-ri:ui:i  u 
I  effect,  the  Hdiators  shall  u 
aUy.  by  lot.  into  t^vo  rl.:- 
Senator.,  -A  the  hr^i 
lie  expiration  of  the  iviii.    e  e  i 
ise  of  Kepresentativ./S  :  of  the  - 
s  at  the  expiration  of  the  term 
md  House  of  Eepre.^entatives:  s 
-half  shall  he  chosen   ev-ry  tv-r, 
3essively.    When  a  di-iiict    sliall  have 
ted  two  Senators,  their  respeetive  terms 
ffice  shall  be  determined  by  lot. 
Tiiich  was  adopted. 


colli 
AThieh  V- 


:.dopted. 

3Ieadov>-s  moved  to  adoxit  article  31, 

majority  report,  as  article  31:  of  the 
LUiieir  reading  as  follovrs: 

h'  A    -^fv-  T^e-  ^A-;;.-ral 

A  .     :  m, 
It  a 
in 


m-titi 


adopted. 

^  ■        d  ir<0\ev. 
-    '  rep 01 

11.  re-.idiug  as  follows: 
Each  House  of  the  General  As 


il  ri  adopt  ar 
a>  LirtiCie  DO 


icle 
the 


conci 
f  the 


eteri 


ine  the  rules  of  its  pro- 

:u::,-:d-.-  inv  d-.. orderly 

'  "0- 


semljlv 

ceeding>.  punisn 
that  conduct,  and.  wi 
vears  thirds,  expel  a  ni 

tini'-  fcir  ihe  •-.-mie  oA'ense. 

Which  was  adopted. 
I    Mr.  Crawford  moved  to  adopt  article  33, 
of  the  majority  report,  as  article  36  of  the 


Underwood  moved  to  adopt  article  ■  Constitution,  readinc 


as  folio v 


of  the  majority  report,  as  article  32  of  j  Abt.  36. 
Constitution,  reading  as  follows:  i  semblv  sh 


Each  House  of  the  G-eneral  As- 
dl  keep   and  publish  vreekly  a 


KT.  32.  The  iir-t  election  for  Senators  I'^^^i"^^"^'- ^'^  i'^^  o^"^  P^'oceedings;  and  the  yeas 

and  nays  of  the  members  on  any  question, 
at  the  desire  of  any  two  of  them,  shall  be 
entered  on  the  journal. 
Which  was  adop)ted. 

Zvlr.  HcZ'AilLen  moved  to  adojot  article  34, 
of  the  majority  report,  as  article  37  of  the 
Con-tituticn.  reading  as  foUows: 


1  be  held  at  the  same  time  vAtli  the 
tion  for  Eex^re.^entatives:  and  thereafter 
e  shah  be  elections  of  Senators  at  the 
e  time  with  each  g-^ueral  election  of 
resentatives.  to  hh  tlie  iilaces  of  those 
ators  whose  term  of  olhce  may  have 
bed. 

nd  it  was  adopted, 
dr.  Enderwood  moved  to  adopt  article 
of  the  majority  report,  as  article  33  of  ^ 
;  Constitution,  i     'a.  i      f' '^^v--- : 


aai:y  > 
Aeia  a 

to  tl: 


the 


of  the  maio 


ifST.  do.  rxot  .   I  ni;. 

nbers  of  each  rlua>e  of  the 
bly  shaU  form   a  quorum 
iness;  but  a  smaller  numlier  may  ad- 
n  from  day  to  day.  and  shaU  be  atithor- 
l  to  compel  the  attendance  of  absent 
nbers. 

[r.  Brown  moved  to   amend   by  sub- 
-iting  the  words     shah  have  fuH  povs'er 

shall  be  authorized." 
Lmendment  adopted.  i 
ihe  article,  as_am ended,  and  reading  as  ^ 
ows:  I 

JIT.  33.  Xot  less  than  a  majority  of  the  ' 
nbers  of  each  House  of  the  General  As- 
bly   shall  form   a  quorum  to  transact ' 
iness;  but  a  smaller  number  may  ad- i 
m  from  day  to  day,  and  shall  have  fiiU .  tuting  ''$4:''  for  '-'gS." 


di  H-u=;e  mav  punish,  by  im- 
^-  e       e  n  t  a  member,  for 
:  lP  I'eha-Aor  in  its- 

-  mment  six.  . .   ^  ex- 
.  "ue  offense. 


:j_en  m  jve^^  to  aiLop; 
hy  repc^rt.  as  article  .J_  ..^^ 
Constitution,  reading  a-  follows: 

Aet.  35.  Xeither  House  .>haU  adjourn  for 
more  than  three  davs.  nor  to  any  other 
place  than  that  in  vahicli  it  may  be  sitting, 
during  the  SesAons  of  the  General  Assem- 
bly, withuut  the  consent  of  the  other. 
Which  vtas  adopted. 

2ilr.  Bertonneau  moved  to  adopt  article 
36,  of  the  majority  report,  as  article  39  of 
the  Constitution. 
Mr.  Cooler  moved  to  amend  bv  substi- 


142 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Mr,  Underwood  moved  to  lay  tlie  amend- 
ment ou  tiie  table. 
Adoj^ted. 

Mr.  Crawford  moved  to  amend  by  substi- 
tuting "S6"  for  ''$8." 

Mr.  Oliver  moved  to  lay  tlie  amendment 
on  the  table.  Adopted. 

The  question  recurred  on  the  motion  to 
adopt  article  36,  reading  as  follows : 

Ap.t.  39.  The  members  of  the  General 
Assembly  shall  receive  from  the  public 
treasury  a  compensation  for  their  services, 
which  shall  be  eight  dollars  -pev  day  during 
their  attendance,  going  to  and  returning 
from  the  sessions  of  their  respective  Houses. 
This  compensation  may  be  increased  or 
diminished  by  law,  but  no  alteration  shall 
take  effect  during  the  period  of  service  of 
the  members  of  the  General  Assembly 
by  which  such  alteration  shall  have  been 
made.  No  session  shall  extend  beyond  the 
period  of  sixty  days,  to  date  from  its  com- 
mencement. And  any  legislative  action 
had  after  the  exjjiration  of  said  period  of 
sixty  days  shall  be  null  and  void;  but  this 
last  provision  shall  not  apply  to  the  first 
session  of  the  General  Assembly  that  shall 
convene  after  the  adoption  of  this  Constitu- 
tion. 

And  it  was  adopted. 

Mr.  Hempstead  moved  to  adopt  article 
37,  of  the  majority  report,  as  article  40  of 
the  Constitution,  reading  as  follows : 

Akt.  40.  The  members  of  the  General 
Assembly,  in  all  cases  except  treason,  fel- 
ony and  breach  of  the  peace,  shall  be  pri- 
vileged from  arrest  during  their  attend- 
ance at  the  sessions  of  their  respective 
Houses,  and  going  to  oi|returning  from  the 
same  ;  and  for  any  sjDeech  or  debate  in 
either  House  shall  not  be  questioned  in  any 
other  place. 

And  it  was  adopted. 

On  motion  of  Mr.  Hempstead  article  38, 
reading  as  foUows,  was  adopted: 

Art.  41.  No  Senator  or  Eepresentative, 
during  the  term  for  which  he  was  elected, 
nor  for  one  year  thereafter,  shall  be  ap- 
pointed to  any  civil  office  of  profit  under 
this  State,  which  shall  have  been  created  or 
the  emoluments  of  which  may  have  been 
increased  during  the  time  such  Senator  or 
Representative  was  in  office,  except  to  such 
offices  as  may  be  filled  by  an  election  by 
the  pe6]3le. 

Mr.  McMillan  moved  to  adopt  article  40, 
of  the  majority  report,  as  article  42  of  the 
Constitution,  reading  as  follows: 


Aet,  42.  No  bill  shall  have  the  force 
lav/,  until,  on  three  several  days,  it  be 
over  in  each  House  of  the  General  Assen 
and  free  discussion  allowed  thereon  ;  w 
in  case  of  urgency,  four-fifths  of  the  H( 
where  the  bill  is  pending,  may  deem  i 
pedient  to  dispense  with  this  rule. 

Mr.  Gooley  moved  to  amend  by  su 
tuting  article  39  of  maj  ority  report. 

Mr.  "Waples  moved  to  indefinitely  ] 
pone  the  substitute  of  Mr.  Cooley. 

Adopted. 

The  question  recurring  upon  the  a 
tion  of  article  40,  majority  report,  as  ai 
42  of  the  Constitution,  it  was  adopted. 

Article  41,  majority  report,  readini 
follows : 

Art.  43.  All  bills  for  raising  rev 
shall  originate  in  the  House  of  Ilepr( 
tatives  ;  but  the  Senate  may  prox)ose  am 
ments  as  in  other  bills  ;  Provided,  It 
not  introduce  any  nev/  matter  under 
color  of  an  amendment,  which  does  nc 
late  to  raising  revenue. 

"Was,  on  motion  of  Mr.  Hempsi 
adopted  as  article  43  of  the  Constitutic 

Article  42,  of  the  majority  report,  ] 
ing  as  follows : 

Art.  44.    The  General  Assembly 
regulate  by  w^hom  p^nd  in   v/hat  ma 
writs  of  election  shall  be  issued  to  fil 
vacancies  which  may  occur  in  either  br 
thereof. 

Was,  on  motion  of  Mr.  Hemps' 
adopted  as  article  44  of  the  Constitutic 

Article  43,  of  the  majority  report,  ] 
ing  as  follows  : 

Art.  45.  The  Senate  shall  vote  or 
confirmation  or  rejection  of  the  office] 
be  appointed  by  the  Governor  with 
advice  and  consent  of  the  Senate,  by 
and  nays;  and  the  names  of  the  Sen 
voting  for  and  aga,insttlie  appointment 
spectively,  shall  be  entered  on  the  jou 
to  be  kept  for  the  purpose,  and  made  p 
on  or  before  the  end  of  each  session. 

Was,  on  motion  of  Mr.  Blandin,  adc 
as  article  45  of  the  Constibution. 

Article  44,  of  the  majority  report,  ; 
ing  as  follows: 

Art.  46.  Returns  of  all  elections 
members  of  the  General  Assembly  shi 
made  to  the  Secretary  of  State. 

Was,  on  motion  of  Mr.  Blandin,  ad( 
as  article  46  of  the  Constitution. 

Article  45  of  the  majority  report, 
ing  as  follows  ;  ^  ^ 


JOUEXAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


143 


A-ET.  47.  In  the  year  in  Trliicli  a  regular  i 

action  for  a  Senator  of  the  United  States 

to  take  x^h^ce,  the  members  of  the  General 

jsembly  shall  meet  in  the  hall   of  the 

ouse  of   Eepresentatives  on  the  second 

onday  f oUoAving  the  meeting  of  the  Legis- 

bure,  and  proceed  to  said  election. 

Was,  on  motion  of  IMr.  Oliver,  adopted  as 

bicle  4z~  of  the  Constitution. 

Mr.  '  '  '   '  "  '  leconsider  the 

le  takx-^^  .   ....  ^  -  uf  the  reports 

iafini,  and  to  take  up  title  III  as  a 
lole. 

Mr.  Ohver  _moved  to  lay  the  motion  on 

e  table. 

Adopted. 

Mr.  Hempstead  moved  :  -if  -, 

ijority  report,  as  article  oi  mt;  L  onsti- 
tion,  reading  as  foho^vs: 

Art.  48.  The  snprt-me  executive  po^ver 
the  State  shaU  be  vested  in  a  Chief  Tvla- 
itrate,  vrho  shah  be  styled  the  Governor 
the  State  of  Lotiisiana.  He  shall  hold 
5  office  during  the  term  of  four  years,  and, 
gather  Vk'ith  the  Lientenant  Governor, 
osen  for  the  same  term,  be  elected  as  fol- 
vs:  The  qtiahfied  electors  for  Eepresenta- 
es  shall  vote  for  Governor  and  Lieutenant 
)Yernor  at  the  time  and  place  of  voting 
Eep)resentatives  ;  the  retiums  of  eveiy 
ction  shaU  be  sealed  up  and  transmitted 
the  proper  rettu'ning  officer  to  the 
cretary  of  State,  vdio  shall  dehver  them 
the  Speaker  of  the  House  of  Eepresenta- 
es  on  the  second  day  of  the  session  of  the 
neral  Assembly  then  t'.i  '  '  '  -Lien.  The 
imbers  of  the  Gener,  l^ly  shall 

et  in  the  House  of  1; ratives  to 
amine  and  count  the  v.jie--^.  The  person 
ving  the  greatest  numl'er  of  votes  for 
)vernor  shah  be  declared  duly  elected: 
t  in  case  of  a  tie  vote  betv,-een  t"^"0  or 
rre  candidates,  one  of  them  shall  imme- 
itely  be  chosen  Governor  Ijy  joint  vote  of 
3  members  of  the  General  Assemldy. 
le  j)erson  having  the  greatest  numljer 
votes  polled  for  Lieutenant  Gov- 
lor  shall  be  Lietitenant  Governor ;  but 
case  of  a  tie  vote  betveen  two  or  more 
ididates,  one  of  them  shall  be  imme- 
itely  chosen  Lieutenant  Governor  by 
nt  vote  of  the  members  of  the  General 
sembly. 

VIr.  Crane  moved  to  amend  by  striking 
b  "four"  and  inserting  "two"  in  the  sixth 


r.  McHiUen  was  called  to  the  chair. 
Che  ayes  and  nays  were  called  as  follows — 
3S  36,  nays  42: 


Ayes :  Baker,  Barret,  Belden,  Berton- 
neau,  Blackburn,  Brown,  CromweU,  Crane, 
Demarest,  Donato,  Fuller,  Gair,  Harris, 
Hemptead,  Lewis  J.  B.,  Lewis  E.,  Maiie, 
McLeran,  Newsham,  OHver,  Poindexter, 
Eeagan.  Eeese,  Eiard,  Eiggs,  Snider,  Tin- 
chant,  TTi,-itcheU,  L'nderwood,  Yandergriff, 
Tidal,  Tv'aples — 32  ayes. 

Nays:  Antoine,  Blandin,  BonseigTieiU', 
Bonnefoi.  Burr  el.  Butler.  Crawford,  Cooler, 
I)epa>^eau,  P.  G.  Deslonde,  G.  Duparte, 
F,  I^iiy-^v^  P)-:- ,lr --iv.  Esnard,  FrancoisL, 
-Mgraliam.  E.  H.  Isa- 
_  .  Tones,  Lange,  Leroy, 
Liidelii  :  i.   Martin,  Meadows,  Mc- 

Millen.  Tln.Pv.    ^Turrel,  Musha- 

-llard, 
Yrick- 


Anl  r.i.  .  lost. 

The  question  recurred  upon  the  adoption 
of  article  46  as  article  48  of  the  Constitu- 
tion, and  it  was  adopted. 

Mr.  Cooley  moved  to  appoint  a  special 
committee  of  hve,  to  examine  and  report 
upon  certain  matters  in  reference  to  the 
official  x^rinting. 

The  Chair  decided  the  motion  to  be  not 
in  order  under  the  rtiles. 

Mr.  Cooley  moved  to  stispend  the  rules, 
to  allow  the  motion  to  be  considered. 

Lost. 

Mr.  Hemj^stead  moved  to  adopt  article 
59,  of  the  minority  report,  as  article  49  of 
the  Constitution. 

Mr.  Bonseigneur  moved  to  lay  the  motion 
on  the  table,  which  Avas  lost. 

Mr.  Bonseigneur  moved  to  suljstitute 
article  47.  majoricy  report,  for  article  59, 
minority  report. 

3Ir.  Underwood  moved  to  lay  the  substi- 
tute on  the  table. 

Adopted. 

Mr.  Waples  moved  to  strike  out  "25" 
and  insert    30. " 

Mr.  Pinchback  moved  to  lay  the  amend- 
ment on  the  table. 

Adox^ted. 

Mr.  Cooley  moved  to  amend  by  striking- 
out  "25"  and  inserting  "21." 
Adopted. 

Mr.  Pinchback  moved  to  adopt  article  59 
as  amended. 

Mr.  Barret  moved  to  amend  by  striking 
out  "is  not  a  citizen  of  the  United  States," 


144 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


and  inserting  '  'lias  not  been  a  citizen  of  i 
the  United  States  for  five  years." 
Laid  on  the  table. 

Mr.  Tinchant  moved  to  reconsider  the 
vote  adopting  Mr.  Cooley's  amendment. 
Adopted. 

Mr.  Waples  moved  to  amend  by  striking- 
out  "25"  and  inserting  "35," 

Which  was  laid  on  the  table. 

The  question  recurring  on  the  am.end- 
nient  of  Mr.  Cooley. 

Mr,  Isabelle  moved  to  amend  by  striking 
out  "21"  and  inserting  "28." 

Mr.  Cooley  raised  the  x^oint  of  order  that 
the  amendment  having  the  effect  of  a  sub- 
stitute, v/as  not  in  order. 

The  Chair  ruled  the  j  amendment  of  Mr. 
Isabelle  in  order. 

Mr.  Pinchback  moved  to  lay  the  amend- 
ment on  the  table. 

Adopted. 

Mr.  Ludeling  moved  to  amend  Mr. 
Cooley's  amendment  by  substituting  to 
strike  out  all  after  the  word  "election." 

The  amendment  was  accepted. 

The  previous  question  was  called  for  and 
seconded  by  a  majority  of  the  Convention. 

The  ayes  and  nays  were  ordered. 

And  the  amendment  was  adopted — ayes 
69,  nays  11 — as  follows: 

Yeas:  Antoine,  Barret,  Belden,  Berton- 
neau,  Blandin,  Bonseigneur,  Burrel,  Cooley, 
Crane,  Crav/ford,  Cromvvell,  P,  G.  Deslonde, 
Douglass.  Du]Dart,  Francois,  Fuller,  Fergu- 
son, Gair,  Gardiner,  Guichard,  Harper, 
Harris,  Hem^Dstead,  Hiestand,  Ingraliani, 
Jackson,  Jones,  Kelso,  Landers,  Lange,^ 
Leroy,  Lewis,  Ludeling,  Lynch,  Marie, 
Martin,  Massicot,-.  McLeran,  McMillen, 
Morris,  Moses,  Murrel,  Mushav/aj^,  Myers, 
Newsham,  Oliver,  Packard,  Pierce,  Pinch- 
back,  Poindexter,  Pollard,  Reagan,  Reese, 
Riard,  Riggs,  Rodriguez,  Smith,  Snaer, 
Scott,  Snider,  Steele,  Thibaut,  Tinchant, 
Twitchell,  Underwood,  Vandergriff,  Vidal, 
Y\7'illiams,  Wilson — 69  ayes. 

Nays :  Baker,  Blackburn,  Brown,  Butler, 
Donato,  Duparte  G.,  Duj^lessis,  Isabelle 
E,  H.,  Isabelle Thos,,  TwitcheU,  Waples-11, 

The  question  recurring  upon  the  adop- 
tion of  the  article  as  amended,  and  reading 
as  follows : 

Abt,  49.  No  person  shall  be  eligible  to 
the  office  of  Governor  or  Lieutenant  Gov- 
ernor, who  is  not  a  citizen  of  the  United 


States,  and  a  resident  of  this  State  two  ye; 
next  preceding  his  election. 
It  was  adopted. 

The  Convention  adjourned  till  to-morr( 
at  11  A.  M. 
A  true  copy: 

WM.  VIGERS,  Secretary, 

THIRTY-FIFTH  DAY, 
New  OkleaisS,  Friday,  Jan,  10,  1868. 
The  Convention  met  pursuant  to  adjoui 
nient. 

The  President  called  the  Convention 
order  at  11  a.  m. 

The  roll  was  caUed  and  the  followi 
members  answered  to  their  names  : 

J,  G.  Taliaferro,  President;  Messrs,  I 
toine.  Baker,  Barret,  Belden,  Bertonne 
Blandin,  Bonseigneur,  Bonnefoi,  BroT 
Burrel,  Cooley,  Crane,  Crawford,  Cro 
well,  Dearing,  Demarest,  Depasses 
Donato,  Douglass,  G.  Duparte,  Dupless 
Esnard,  Francois,  Fuller,  Ferguson,  G£ 
Gould,  Guichard,  Harper,  Harris,  Hen 
stead,  Hiestand,  Ingraham,  R.  H.  Isabel 
T.  Isabelle,  Jones,  Kelso,  Landei 
Lange,  Leroy,  R.  Lev/is,  Ludeling,  Lyn. 
Marie,  Meadows,  McLeran,  Morris,  Mos 
Mushaway,  Myers,  Oliver,  Packard,  Pier 
Pinchback,  Pollard,  Reagan,  Reese,  Ria 
Riggs,  Rodriguez,  Schwab,  Smith,  Sua 
Snider,  Thibaut,  Twitchell,  Underwo( 
Yandergriff,  Yidal,  Waples,  WickH: 
Williams,  Wilson. 

The  minutes  were  read.  ; 

Mr.  Waples  desired  to  have  his  secc 
motion  to  amend  stated  correctly,  as  "i 
instead  of  "30." 

The  minutes,  as  amended,  were  adopt 

OEIGINAL  RESOLUTIONS. 

By  Mr.  Underwood : 

Besolved,  That,  for  the  jDurpose  of  pi 
perly  enrolling  the  proceedings  of  i 
Convention,  the  Committee  on  Enrollmi 
is  hereby  authorized  to  employ  such  cle: 
as  they  may  need  for  that  pur|)ose. 

Lies  over.  j 

On  motion  of  Mr.  Crawford,  the  ru 
v/ere  suspended  to  take  up  the  unfinisl 
business  of  the  preceding  day. 

Mr,  Underwood  moved  to  adopt  arti 
48,  of  the  majority  report,  as  article  50 1 
the  Constitution,  | 

The  article,  reading  as  foUows:  j 

Art.  50.  The  Governor  shall  be  ineligi' 
for  the  succeeding-  four  years  after  the  < 


JOURNAL  OF  THE  COl^^STITUTIONAL  COX^'EXTIOX. 


145 


Diration  of  the  time  for  which  he  shall  have  ] 
jeen  elected. 

Was  ado2Dted,  ! 

By  Mr.  Blandin:  ! 

Article  49,  majority  report,  reading  a-s  * 
lOllows :  ' 

Aet.  51.  The  Goveruor  shall  enter  on  the 
i.ischarge  of  his  duties  on  the  second  3Ion- 
.ay  in  January  next  en^niug  his  election, 
nd  shall  continue  in  oftici.-  until  the  3Ion- 
:ay  next  succeeding  the  day  that  his  sue- 
essor  shall  be  declared  duly  elected,  and 
hail  have  taken  the  oath  or  afhrmation  re- ' 
uired  by  the  Constitution. 

Which  was  adoj^ted.  | 

By  Mr.  Blandin:  ; 

Article  50,  majority  report,  reading  as  [ 
ollows : 

Aet.  52.  Xo  member  of  CongTess,  or  any 
erson  holding  office  iQider  the  Unit'  1 
tates  Government,  shall  be  eligible  to  tli  ■ 
Bee  of  Governor  or  Lieutenant  Governor. 
Which  v^'as  adopted. 
By  Mr.  Hempstead : 

Article  51,  majority  report,  reading  as 
olloTvs : 

Aet.  53.  In  case  of  imx^eachment  of  the 
rovernor.  his  removal  from  office,  death, 
3fusal  or  inaljility  to  qualify,  or  to  di-- 
barge  the  powers  and  duties  of  his  otriee. 
ssignatii  >p  -  v  -ii-'P  from  the  State,  tlie 
ov>'ers  a:.  -i  th'.^  office  shall  devolve 

pontile        w^.' iK^ni  Governor  for  the  re- 
,du'^  ot  the  te:;m.  or  until  the  Governor, 
sent  or  impeached,  shall  return  or  be  ac- 
iiitted,  or  the  disability  be  removed.  The 
eneral  Asseml^ly  may  provide  by  law  for 
.e  case  of  removal,  impeachment,  d.eath, 
signation,  disal^ility  or  refusal  to  Cjualify, 
I  both  til.'  Governor  and  the  Lieutenant 
reriior.  declaring  what  officer  shall  act 
5  Governor  ;  and  such  officer  shall  act  ac- 
n'dingly,  until  the  disability  be  removed. 
:  for  the  remainder  of  the  term. 
Which  was  adoxDted. 
By  ]\Ir.  Poindexter : 

Article  52,  majority  rei^ort,  reading  as 
(llows : 

I  Art.  5-4.  The  Lieutenant  Governor  or 
£cer  discharging  the  duties  of  Governor, 
lall,  during  his  administration,  receive 
le  same  compensation  to  which  the  Gov- 
•nor  would  have  been  entitled  had  he  con- 
uued  in  office. 

Which  was  adopted. 

By  Mr.  Underwood : 

Article  53,  majority  rej^ort,  reading  as 
Uows: 

11 


Aet.  55.  The  Lieutenant  Governor  shall, 
by  virtue  of  his  office,  be  President  of  the 
Senate,  ])ut  shall  only  vote  when  the  Senate 
is  equally  divided.  Whenever  he  shall  ad- 
minister the  Government,  or  shall  be  unable 
to  attend  as  President  of  the  Senate,  the 
Senators  rshall  elect  one  of  their  own  mem- 
bers as  Ti!  i _  :^enat-e  for  the  time 
being. 

Wiiicli  was  adox^ted. 

By  Hr.  Hempstead: 

Article  54.  majority  report. 

Mr.  Underwood    moved    to  amend  by 
striking  out  ' •  eight and  inserting  • ''  six. "  ,^ 

Mr.  Heampstead  moved  to  amend  by 
striking  out  -'eight"  andt  inserting  "ten." 

Mr.  Waples  raised  the  point  of  order 
that  the  last  amendment,  being  a  substitute 
to  an  amendment,  was  not  in  order. 

The  Chaii'  decided  that  the  amendments 
sli'juld  be  considered  in  the  order  they 
were  proposed. 

Mr.  Ludeling  asked  for  a  division  ci 
the  question  on  the  proposition  to  strike 
out  and  the  i^roposition  to  insert. 

Mr.  Bonseicmeur  moved  to  amend  by 
strikir  iuht'  and  inserting  "ffive." 

Mr.  11  moved  to  amend  by  sub- 

stituting as  follows:  '-'To  be  fixed,  by  law, 
l)ut  provided  it  shall  not  exceed." 

The  question  was  stated  by  the  Chair  to 
be  npun  ih  •  _ient  of  Mr.  Underwood. 

Wiiich  wu. 

'    The  question  recurring  upon  the  amend- 
'  ment  of  Mr.  Hemx^stead. 
\    It  was  lost. 

The  question  recurring  upon  the  amend- 
ment of  Mr.  Bonseigneui-. 
.    It  was  lost. 

Mr.  Barret  moved  to  amend  by  inserting 
\  the  words  "not  to  be  less  than  eight  thou- 
j  sand,"  which  was  laid  on  the  table, 
i  Mr.  Cooley  moved  to  amend  the  amend< 
iment  of  Mr.  McMillen  by  substituting 
I  not  less  than  S6000,  nor  more  than  $8000.' 
I  Mr.  Wicldiffe  moved  to  lay  the  amend' 
1  ments  on  the  table. 

Adopted. 

The  question  recurring  upon  the  motion 
to  adopt  article  54,  majority  reiDort,  reading 
!  as  follows : 

Aet.  56.  The  Governor  shall  receive  a 
salaiy  of  eight  thousand  dollars  per  anmim, 
payable  quartely,  on  his  ovm  warrant. 


146 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


It  wa.s  adopted. 

3Ir.  Hiestiind  moved  to  adopt  article  65, 
minority  report. 
Laid  on  tlie  table. 
By  Mr.  Herni^stead: 

Article  55,  majority  report,  reading  as 
follows : 

Art.  57.  While  acting  as  President  of  the 
Senate,  the  Lieutenant  Governor  shall  re- 
ceive for  his  services  the  same  compensa- 
tion "which  shall,  for  the  same  period,  be 
allowed  to  the  Sjjeaker  of  the  House  of 
K-epresentatives,  and  no  more. 

"Which  was  adopted. 

By  Mr.  Hempstead  : 

Article  56,  majority  report. 

Mr.  Lynch  was  called  to  the  chair. 

Mr.  Smith  moved  to  amend  by  inserting 
the  words  "  treason  excepted,"  in  the  third 
line.,  and  hj  striking  out  all  after  the  word 

conviction,"  in  the  seventh  line. 

Mr.  Cooley  moved  to  amend  by  adding 
the  words  ' '  in  cases  when  the  punishment 
is  not  imj)risonment  at  hard  labor,  the 
l^arty  upon  being  reprieved  by  the  Gov- 
ernor, shall  be  released  if  in  actual  custody, 
antil  final  action  by  the  Senate." 

AdoT>ted. 

Mr.  Jones  moved  to  lay  the  amendment 
of  Mr.  Smith  on  the  table. 
Adopted. 

The  Question  recurring  on  the  motion  to 
adopt  article  56,  as  amended,  the  article, 
reading  as  follows : 

Aet.  58.  Tlie  Governor  shall  ha,ve  power 
to  grant  reprieves  for  all  offenses  against 
the  State,  and,  except  in  cases  of  impeach- 
ment, shall,  Y/ith  the  consent  of  the  Senate, 
have  pov/er  to  grant  pardons,  remit  fines 
and  forfeitures,  after  conviction.  In  cases 
•when  the  x^unishment  is  not  imprisonment 
at  hard  labor,  the  party,  upon  being  re- 
|>rieved  by  the  Governor,  shall  be  released 
if  in  actual  custody,  until  final  action  by 
the  Senate. 

Was  adopted. 

By  Mr.  Hempstead,  article  57  majority 
i?eport,  reading  as  follows: 

Art.  59.  He  shall  be  commander-in-chief 
@f  the  militia  of  this  State,  except  when 
■iiiey  shall  be  called  into  the  service  of  the 
United  States. 

Which  was  adopted. 

Mr.  Tinchant  moved  to  amend  article  73, 
[minority  report,  by  adding  ' '  and  for  that 


purpose  he  shaU  organize  and  equally 
apportion  among  the  several  parishee  a 
State  police,  composed  of  not  less  than 
one  thousand  (1000)  mounted  men,"  and  to 
adopt  it  as  amended. 

Mr.  Hempstead  moved  to  amend  by  sub-i 
stituting  article  58,  majority  report. 

Mr.  Tinchant  withdrcAV  his  motion.  j 

Article  58,  reading  as  follows: 

Ajxt.  60.  He  shall  nominate,  and,  by  and 
V7ith  the  consent  of  the  Senate,  appoint  all 
officers  whose  offices  are  established  by  the 
Constitution,  and  whose  appointments  are 
not  herein  otherwise  provided  for;  Provided^ 
however,  that  the  General  Assembly  shall, 
have  a  right  to  prescribe  the  mode  of  ap- 
i3ointment  to  all  other  offices  established  by- 
law. 

Was  adopted. 

By  Mr.  Barret: 

Article  59,  majority  report,  reading  as 
follows : 

Aet.  61.  The  G-overnor  shall  have  power 
to  fill  vacancies  that  may  happen  during 
the  recess  of  the  Senate,  by  granting  com- 
missions, which  ehall  expire  at  the  end  of 
the  next  session  thereof,  unless  otherwise 
provided  for  in  this  Constitution;  but  no 
person  who  has  been  nominated  for  office 
and  rejected  by  the  Senate,  shall  be  ap- 
|)ointed  to  the  same  office,  during  the  recess 
of  the  Senate. 

Which  was  adopted. 

By  Mr.  Blandin : 

Article  60,  majority  report,  reading  as 
follows : 

Abt.  62.  He  may  require  information,  in 
writing,  from  the  officers  in  the  Executive 
Department  upon  any  subject  relating  to 
the  duties  of  their  respective  offices. 

Which  was  adopted. 

By  Mr.  Hempstead:  ; 
Article  61,  majority  report,  reading  aa( 
follows : 

Abt.  63.  He  shall,  from  time  to  time, 
give  the  General^Assembly  information  re- 
specting the  situation  of  the  State,  and 
recommend  to  their  consideration  such 
measures  as  he  may  deem  expedient. 

Which  was  adopted. 

By  Mr.  Hempstead: 

Article  62,  majority  report. 

Mr.  Eeese  moved  to  amend  by  substitut- 
ing article  72,  minority  report. 

Mr.  Pinchback  moved  to  lay  the  amend- 
ment on  the  table. 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


U7 


Adopted. 

Article  62,  reading  as  follows : 

Aet.  64.  He  may,  on  extraordinary  occa- 
sions, convene  the  General  Assembly  at  the 
eeat  of  government,  or  at  a  different  place 
if  that  should  have  become  dangerous  from 
an  enemy  or  from  epidemic ;  and  in  case  of ! 
disagreement  between  the  two  Houses  as  to 
the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  may  think  proper, 
not  exceeding  four  months. 

Was  adopted.  I 

By  Mr.  Hempstead: 

Article  63,  majority  report. 

Mr.  Tinchant  moved  to  amend  by  adding 

and  for  that  purpose  he  shall  organize  and 
equally  apportion  among  the  several  par- 
ishes a  State  pohce,  composed  of  not  less 
than  one  thousand  (1000)  mounted  men." 

Mr.  Lewis  moved  to  lay  the  amendment 
on  the  table. 

Adopted. 

Article  63,  reading  as  f oUows : 
Aet.  65.  He  shaU  take  care  that  the  laws 
be  faithfully  executed. 
Was  adopted. 

By  Mr.  Hempstead,  article  64,  majority 
report. 

Mr.  R.  H.  Isabelle  moved  to  amend  by 
striking  out  the  word  "majority,"  and  in- 
serting the  words  "three-fifths"  in  the  line. 

Mr.  G.  M.  WicMiffe  moved  to  amend  by 
substituting  for  articles  64  and  65,  majority 
report,  the  following: 

Aet.  — .  All  laws  passed  by  a  two-thirds 
majority  of  both  Houses  of  the  Legislature, 
ahall  be  valid.  The  concui-rence  of  the 
Governor  shall  not  be  required  to  give 
:  validity  to  any  law  or  concurrent  resolution 
passed  by  the  Legislatui-e.  But  he  is  here- 
by authorized  and  required  to  sign  all 
laws  and  concurrent  resolutions  of  the 
Legislature,  and  i^romulgate  the  same,  un- 
der penalty  of  impeachment. 

Mr.  Bertonneau  moved  to  lay  the  amend- 
ment of  Mr.  Wickliffe  on  the  table. 

Adopted. 

Mr.  Bertonueau  moved  to  lay  the  amend- 
ment of  Mr.  Isabelle  on  the  table. 
Adopted. 

Mr.  Cooley  moved  to  amend  by  striking 
out  the  word  "majority"  and  inserting  the 
words  "two-thirds." 

Adopted. 

Ayes  33,  nays  29,  as  follows: 


Ayes:  Antoine,  Barret, Bonnefoi,  Brown, 
Butler,  Cooley,  Crane,  Depasseau,  Doug- 
lass,  G.  Duparte,  Fuller,  Hiestand,  B.  H. 
i  Isabelle,  T.  Isabelle,  Jones,  Kelso,  Richard 
Lewis,  Ludeling,  Lynch,  Massicot,  Mea- 
dows, McLeran,  Myers  Pinchback,  Pol- 
lard, Riard,  Riggs,  Rodriguez,  Snider^ 
Tmtchell,  Vandergriff,  Williams,  Wilson — • 
33  ayes. 

Nays:  Belden,  Bertonneau,  Blandin,^ 
Bonseigneur,  Crawford,  Cromwell,  U.  Du- 
1  part,  Duplessis,  Esnard,  Francois,  Gair, 
Harper,  Ingraham,  Jackson,  Lange,  Leroy,' 
Marie,  Morris,  Moses,  Mun-el,  Mushaway, 
Poindexter,  Reagan,  Smith,  Snaer,  Tin* 
chant,  VaKroit,  WajDles,  Wickliffe — 29nays,^ 
Mr.  Harper  asked  to  have  the  following 
reasons  for  his  vote  spread  on  the  minutes; 

I  vote  "No,"  because  I  am  a  friend  of 
liberty,  and  opposed  to  this  remnant  of" 
monarchial  government  which  was  retainecC 
in  the  Constitution  of  the  United  Stat.es,' 
and  I  wish  to  abolish  this  remnant  of  kingly 
power  in  the  Constitution  of  this  State. 
Mr.  Smith  moved  to  adjourn. 
Lost. 

The  question  recurring  on  article  64,  a,S 
amended,  and  reading  as  follows : 

Aet.  66.  Every  bill  which  shaU  havd 
passed  both  Houses  shall  be  presented  ta 
the  Governor  ;  if  he  approve,  he  shall  sigrg 
it,  if  he  do  not,  he  shall  return  it  with  hi.^ 
objections  to  the  House  in  which  it  origi- 
nated, which  shall  enter  the  objections  at 
large  upon  its  journal,  and  proceed  to  re- 
consider it  ;  if,  after  such  reconsideration,' 
two-thirds  of  all  the  members  present 
in  that  House  shall  agree  to  pass  thg 
bill,  it  shall  be  sent  with  the  objec- 
tions to  the  other  House,  by  whicli 
it  shall  be  likewise  reconsidered,  and  if, 
approved  by  two  thirds  of  the  member^ 
present  in  that  House,  it  shall  be  a  law;  but 
in  such  cases  the  vote  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  and  the 
names  of  members  voting  for  or  against  the 
bill  shall  be  entered  on  the  journal  of  each; 
House  respectively.  If  any  bill  shaU  not  h&. 
returned  by  the  Governor  ^.^ithin  five  day^ 
after  it  shaU  have  been  presented  to  him,  ife 
shall  be  a  law  in  like  manner  as  if  he  hac? 
signed  it;  unless  the  General  Assembly,  by 
adjoiumment,  prevent  it-s  return,  in  whiclg 
case  the  said  bill  shall  be  returned  on  the 
first  day  of  the  meeting  of  the  General  As- 
sembly after  the  expiration  of  said  five  days^. 
or  be  a  law. 

It  was  adopt^ed. 

Mr.  Waples  asked  that  his  vote  in  iha 
negative  be  recorded  on  the  minutes,  "whieli 
was  agreed  to. 


JOUPwNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


On  motion  of  Mr.  Pincliback,  a  recess 
mvLS  taken  until  7  p.  m. 

Feiday,  January  10,  7  p.  m. 

At  tlie  exx^iration  of  the  recess,  the  Con- 
vention reassembled,  and  was  called  to  or- 
der by  the  President. 

The  roll  was  called  and  the  following 
anembers  answered  to  their  names: 

J.  Gr.  Taliaferro,  President ;  Messrs.  An- 
toine,  Baker,  Barret,  Beiden,  Blandin,  Bon- 
nefoi,  Cooley,  Crane,  Crawford,  Cromwell, 
Demarest,  G.  Dnparte.  U.  Dupart,  Esnard, 
Francois,  Gair,  Harper,  Harris,  Ingraham, 
H.  H.  Isabelle,  Thos.  Isabelle,  Jones,  Kelso, 
Xiange,  Leroy,  E.  Lewis, Ludeling,Meadows, 
Moses,  Murrel,  Musliav/ay,  Pincliback,  Pol- 
lard, Eeagan,  Biggs,  Rodriguez,  Scott, 
Twitchell,  Vaifroit,  Yandergriff,  Wickliffe, 
WiUiams,  Wilson— 41  ayes. 

There  being  no  quorum  the  Sergeant-at- 
Arms  was  disj^atched  to  summon  absent 
members. 

The  roU  was  again  called  at  7)^  p.  M., 
and  a  quorum  found  to  be  present. 

Mr.  Snider  introduced  the  following' re- 
solution: 

"Wheeeas,  The  provisional  State  govern- 
ment of  Louisiana  is  an  impediment  to  re- 
construction ;  therefore,  be  it 

Besolved,  By  the  Constitutional  Conven- 
tion of  this  State,  that  Congress  fee  and 
hereby  is  respectfully  requested  to  empower 
this  Convention  to  establish  temi3or£iry 
civil  government  for  this  State  in  harmony 
"with  the  law  of  Congress  and  for  the  speed}'- 
success  of  the  work  of  practical  reconstruc- 
tion. 

Mr,  Le-Vvis  moved  to  suspend  the  rules  to 
put  it  on  its  passage. 
Adopted. 

Mr.  Pincliback  moved  to  lay  on  the  table. 
Adopted. 

Mr.  Waples  moved  to  adopt  the  majority 
report,  except  the  title  "Education,"  and 
that  the  title  "Education,"  of  the  minority 
report,  be  adopted. 

Mr.  Blandin  moved  to  lay  the  motion  on 
the  table. 

Adopted. 

By  Mr.  Blandin,  article  65,  [majority  re- 
port, reading  as  follows : 

Art.  67.  Every  order,  resolution  or 
vote,  to  which  the  concurrence  of  both 
Houses  may  be  necessary,  except  on  a  ques- 
tion of  adjournment,  shall  be  presented  to 
the  Goyemor,   and  before  it  shall  take 


effect,  be  approved  by  him,  or,  being  dis- 
approved, shall  be  repassed  by  two  thirds 
of  the  members  j)resent. 
Which  was  adopted. 

Mr.  Beiden  gave  notice  that  he  wiU  move 
the  reconsideration  of  the  amendments  in- 
serting "  two  thirds  "  in  article  66. 

By  Mr.  Blandin : 

Article  66,  majority  r export,  reading  as 
follows : 

Aet.  68.  There  shall  be  a  Secretary  of 
State,  who  shall  hold  his  office  during  the 
terin  for  which'  the  Governor  shall  have 
been  elected.  The  records  of  the  State 
shall  be  kept  and  preserved  in  the  office  of 
the  Secretary  ;  he  shall  keep  a  fair  register  _ 
of  the  official  acts  and  proceedings  of  the^ 
Governor,  and  when  necessary  shall  attest 
them  ;  he  shall,  when  required,  lay  the  said) 
register,  and  all  papers,  minutes  and  vouch-^ 
ers,  relative  to  his  office,  before  either' 
House  of  the  General  Assembly,  and  shall 
perform  such  other  duties  as  may  be  en- 
joined on  him  by  law. 

Which  was  adoj)ted. 

By.  Mr.  Blandin: 

Article  67,  majority  report,  reading  as 
follows : 

Aet.  69.  There  shall  be  a  Treasurer  o£.J| 
the  State  and  an  Auditor  of  Public  Accounts,  ■ 
who  shall  hold  their  respective  offices  du-J 
ring  the  term  of  four  years.  At  the  fii'st'^ 
election  under  this  Constitution,  the  Treas-  ' 
urer  shall  be  elected  for  tvro  years. 

Which  was  adopted. 

By  Mr.  Ingraham  : 

Article  78,  minority  report  reading  as 
follows : 

Aet.  70.  The  Secretary  of  State,  Treasu- 
rer and  Auditor  of  Public  Accounts  shall 
be  elected  by  the  qualified  electors  of  the 
State  ;  and  in  case  of  any  vacancy  caused 
by  the  resignation,  death  or  absence  of  the 
Secretary,  Treasurer  or  Auditor,  the  Gov- 
ernor shall  order  an  election  to  fiU  said 
vacancies  ;  Provided,  The  unexpired  term 
to  be  filled  be  more  than  twelve  months  ; 
when  otherwise,  the  Governor  shall  appoint 
a  person  to  perform  the  duties  of  the  office 
thus  vacant  until  the  ensuing  general  elec- 
tion. 

Which  was  adopted. 
By  Mr.  Beiden: 

Article  69,  majority  report,  reading  a^s 
follows : 

Aet.  71.  The  Treasurer  and  the  Auditor 
shall  receive  a  salary  of  five  thousand  dol- 
lars per  annum  each.    The  Secretary  of 


JOURNAL  OF  THE  COXSTITUTIONAL  COXYEXTIO^^". 


the  father  and  mother. 

The  record  of  deaths  shall  contiun  the 


State  shall  receive  a  salary  of  three  thou- '  place  of  birth  and  names,  and  residence  of 
sand  dollars  per  annum. 

Which  Y>-as  adopted. 

By  ]Mr.  Brown : 

Article  70,  niajorit}*  report,  reading  as 
follows : 

Aet.  72.  All  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  State  of 
Louisiana,  and  shall  be  sealed  with  the 
State  seal,  signed  by  the  Governor  and 
countersigned  by  the  Secretary  of  State. 
"Which  was  adopted. 

The  Convention  adjourned  till  to-mor- 
row, at  11  A. 
A  true  copv. 

"  W:M.  tigers,  Secretary. 


name.  [vmy  r. l^rii-  '  ■ 
and 

Thv  -  .  _ 

taiu  the  nam--.  a;:;e^  and  i 
parties  and  of  the  witnesst 
riages. 

The  same  lavr  shall  pro^ 
ishment  of  oiienses  agaii 

Lies  over. 


the  deceased, 
ds  birth, 
-ii'ill  also  con- 
5idences  of  the 
to  said  mar- 

de  for  the  piin- 
:  its  x^i'O'^isions, 


EEPOETS  OF  ST,^3rDIXG  COMMITTEES. 

Committee  on  Printing — Xo  report. 
Committee  on  Contingent  Expenses — Xo 
report. 

Committee  on  Enrollment — Progress. 


868. 
:o  ad- 


ro 


THIRTY-SIXTH  DAY. 
Xew  Oeleaxs,  Saturday,  Jan.  11, 
The  Convention  met  iDiu'suant 
journment. 

The  President  called  the  Convention 
order  at  11  a. 

The  roll  was  called  and  the  following 
members  answered  to  their  names : 

J.  Ct.  TaUaferro,  President ;  Alessrs.  An- 
;oine,  Baker,  Barret,  Belden,  Bertonneau, 
Blackburn,  Blandin,  Bonseigneur,  Bonn;^- 
:oi.  Brown,  Burrel,  Batler.  Crane.  Ci%/ 
;ord,  Cuney,  Dearing,  Demarest,  Depassed  i  ., 
Donato,  Douglass,  Duparte  G. ,  Dupart  U., 
Duplessis,  Esnard,  Francois,  Ferguson, Gair 


r^TFIXISHED  BrSIXESS. 

rei:)orL,  reading  a3 


Article  71,  majority 
f  oUovv  s : 

TITLE  rr — .TTDICTIEY  DZP.IETMEXT. 

Aet.  71.  The  judicial  pov>-er  shall  be 
vested  in  a  Supi*;-nie  C\'urT.  in  district 
courts,  in  pc\i-isli  eoui'ts  and  in  Justices  of 
the  Peace. 

Bei]ig   under  consideration,  3Ir.  Crane 
moved  to  amend  by  striking  out  "  Justices 
of  the  Peace,''  in  the  4:th  hue,  and  insert- 
ing- "in  such  other  courts,  inferior  thereto, 
■  General  Assembly  shall  ordain  and 

.-.u.:>lish.  " 


Pending  its  consideration,  the  hour  set 
jraramer,  Guichard,  Harped ,^a?ris;  Hemp- 1  ^oi"  the  special  order  of  the  day  having  ar- 
tead,  IsabeUeR.  IT.,  Jackson,  Jones,  Kelso,  'rived,  it  being  the  report  of  the  Committee 
iLanders,   Lange,    Leroy,   Lewis    J.    B.,  :  on  ContingL-a:  Expenses,  Mr.  L^mch  offered 


Le^us  R.,  Lynch,  3Iarie,  Martin,  Meadows,  j 
VIcLeran,  Morris,  Moses,  Murrel,  Musha-  j 
¥ay,  Xewsham,  Oliver,  Packard,  Pierce,  ! 
Poindexter,  Pollard,  R^'agan,  Reese,  Riard,  ' 
gs,  Roberts.  Rodriguez,  Schwab,  Smith,  ' 
5naer,  Scott,  Snider,  Thibaut.  T^^itchell.  ' 
Jnderwood,  Yalfroit,  Yandergrift',  Yidal,  . 
irVickliffe,  WiUiams,  Wilson — 77  members  .. 
H'esent. 

Prayer  by  the  Rev.  Mr.  Jos.  Fisk. 
The  minutes  were  read  and  ado^jted. 

OEiCriNAXi  Ezsonrrioxs. 
By  Mr.  Marie : 

Resolved,  That  it  shall  be  the  duty  of  the 
eneral  Assembly.  r..t  its  lirst  session  after 
he  adoption  of  this  Constitution,  to  jDass 
law  making  it  the  duty  of  all  parish  re- 
orders of  the  State  to  record  all  t  ie  births, 
aaarriages  and  deaths,  in  books  kept  for 
hat  x^urpose. 

The  declaration  of  liifths  shall  contain 
he  sex  of  the  child  born,  the  dav,  hour. 


the  following  resolution  : 

ResokecL  Tliat  the  report  of  the  Commit- 
tee on  Contingent  Exx^CDses  be  refeiTed  to 
a  sjDecial  committee,  consisting  of  Messrs. 
Y/ax^les,  Cooley  and  Bertonneaa,  with  power 
to  send  for  persons  and  papers  and  to  re- 
i')ort  to  this  Convention  as  soon  as  practica- 
ble. 

Which  was  adopted. 

Mr.  Cooley  declined  to  serve  on  the  com- 
mittee, and  on  motion  of  Mr.  LTidehng,  Mr, 
i  Lynch  vats  appointed  in  his  plaoe. 

Messrs.  Bonseigneur  and  Blackbnra 
were  added  to  the  committee. 

The  consideration  of  the  imfinished  busi- 
ness was  resumed,  the  qtiestion  being  upoa 
the  adoiDtion  of  the  amendment  of  Mr. 
Crane,  which  Avas  lost. 

Mr.  Wieklitte  moved  to  amend  by  sub-» 
stituting : 


150 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


Abt.  73.  The  Judiciary  power  of  this 
Btate  shall  be  vested  in  a  Suj^reme  bench, 
district  courts,  and  Justices  of  the  Peace, 
and  for  the  parish  of  Orleans  there  shall 
also  be  one  Criminal  Court,  one  Probate 
Court  and  two  Recorders'  Courts. 

Mr.  WajDles  moved  to  lay  on  the  table 
the  substitute. 

Adopted. 

Mr.  Waples  was  called  to  the  chair. 
Article  71,  majority  report,   reading  as 
SoUows : 

TITLE  IV — JUDICIAEY  DEPARTMENT. 

Art.  73.  The  judicial  power  shall  be 
tested  in  a  Supreme  Court,  in  district 
courts,  in  parish  courts  and  in  Justices  of 
the  Peace. 

Was  adoi^ted. 

By  Mr.  Cooley: 

Article  72,  majority  report,  reading  as 
follows : 

Abt.  72.  The  Supreme  Court,  except  in 
cavses  hereinafter  provided,  shall  have  ap- 
pellate jurisdiction  only;  which  jurisdiction 
shall  extend  to  ail  cases  when  the  matter  in 
dispute  shall  exceed  five  hundred  dollars  ; 
and  to  aU  cases  in  which  the  constitution- 
ality or  legaHty  of  any  tax,  toll,  or  impost 
of  any  kind  or  nature  whatsoever,  shall  be 
in  contestation,  whatever  may  be  the  amount 
thereof  ;  and  likewise  to  aU  fines,  forfeitures, 
and  j)enalti6S,  imposed  by  municipal  cor- 
porations, and  in  such  cases  the  aj)peal 
shall  be  direct  from  the  court  in  which 
the  case  originated  to  the  Supreme  Court ; 
and  in  criminal  cases,  on  questions  of  law 
only,  whenever  the  punishment  of  death,  or 
imprisonment  at  hard  labor  has  been  in- 
flicted, or  when  a  fine  exceeding  five  hun- 
dred dollars  is  actually  imjposed. 

Mr.  Crane  moved  to  amend  by  striking 
out  "five"  and  inserting  "two." 

Lost. 

Mr.  Bertonneau  moved  to  amend  by 
piriking  out  the  words  "  death  or." 

Mr.  Pinchback  moved  to  lay  the  amend- 
inent  on  the  table. 

Adopted. 

Mr.  Smith  moved  to  amend  by  striking 
mxi  "five"  and  inserting  "three." 

Mr.  Smith's  amendment  was  adopted. 

Mr.  McMillen  was  called  to  the  chair. 

Mr.  Wickliffe  moved  to  amend  by  substi- 
tuting: 

The  Supreme  Court  shall  have  appellate 
jurisdiction,  and  in  questions  of  law  only, 
ia  both  ciyil  and  criminal  cases,  it  shall 


have  no  iDower  to  reverse  or  affirm  thejud« 
ment  of  inferior  courts. 

In  civil  cases  the  Su^Dreme  Court  shall 
have  appellate  jurisdiction  on  questions  of 
law,  where  the  amount  involved  is  one 
thousand  dollars  and  upwards ;  and,  in 
criminal  cases,  where  the  offense  committed 
is  j)unishable  with  death  or  imprisonment 
at  hard  labor.  But  the  decisions  of  the 
Supreme  Court  on  questions  of  law,  shall 
govern  all  inferior  courts. 

On  motion  of  Mr.  Jones  the  Convention 
adjourned  tiU  Monday  at  11  a.  m. 
A  true  copy  : 

WM.  VIGERS,  Secretary. 

THIRTY-SEVENTH  DAY. 
New  Orleans,  Monday,  Jan.  13, 1868. 
The  Convention  met  jmrsuant  to  adjourn- 
ment and  was  called  to  order  by  the  Pree-i 
ident  at  10  o'clock  a.  m. 

The  roll  was  called  and  the  following, 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President  ;  Messrs.  An-; 
toine.  Baker,  Belden,  Bertonneau,  Black- 
burn, Blandin,  Bonseigneur,  Bonnefoi, 
Brovm,  Burrel,  Butler,  Crane,  Cromwell, 
Cuney,  Dealing  Jr.,  Demarest,  Depasseau, 
P.  G.  Deslonde,  Donato  Jr.,  G.  Duparte, 
U.  Dupart,  Duplessis,  Edward,  Esnard, 
Francois,  Ferguson,  Gair,  Gardiner,  Har- 
per, Harris,  Hempstead,  Hiestand,  Ingra- 
ham,  R,  H,  Isabelle,  Thos,  Isabelle,  Jack- 
son, Jones,  Kelso,  Landers,  Lange,  Leroy, 
J.  B.  Lewis,  R.  Lewis,  Lynch,  Marie, 
Massicot,  Meadows,  McLeran,  McMillen, 
Morris,  Moses,  Murrel,  Mushaway,  Myers, 
Newsham,  Oliver,  Packard,  Pierce,  Poin- 
dexter,  Pollard,  Reagan,  Reese,  Riard, 
Riggs,  Roberts,  Rodriguez,  Smith,  Snaer, 
Scott,  Snider,  Steele,  Thibaut,  Twitchell, 
Underwood,  Valfroit,  Vandergriff,  Vidal,: 
Waples,  Wicldiffe,  WiUiams,  Wilson— 82 
members  present. 

The  minutes  were  read  and  adopted. 

originaij  resolutions. 
By  Mr.  Blackburn : 

Whereas,  The  paramount  political  ab- 
ject which  every  patriot  of  our  land  should 
have  in  view,  is  the  restoration  or  recon- 
struction of  our  Government  upon  a  truly 
loyal  and  national  basis;  upon  a  basis  which 
wiU  secure  liberty  and  equality  before  the 
law  to  all  men,  regardless  of  race,  color  or 
previous  condition;  and 

Whereas,  There  is  not,  and  has  not  been 
since  the  year  1861,  any  ci^il  government 
in  this  State,  which  does  not  tend  to 
Strengthen  and  justify  secession  and  rebel- 
lion, and  weaken  and  discourage  the  friends! 


JOUKXAL  or  THE  COXSTITUTIOXAL  COXVEXTIO: 


of  constitutional  liberty  antl  national  great- 
ness; tlierefore,  be  it 

Resolved,  By  tlie  C^' 'i-^titutional  Oonven- 
tion  of  the  State  oi'  Louisiana,  That  the  i 
jore^ent  move  in  the  Congress  of  the  United  ' 
States,  having  in  view  the  adoi^tion  and 
perfection   of  some  -gl-diii   or  measure  by: 
■which  the  civil  government  of  our  State ' 
shall  at  once  be  placed  in  the  hands  of  those  : 
"who  djre  striving  against  great  odds  for  a  ' 
national  restoration  upon  a  basis  in  accord-  \ 
ance  Vrith  the  express  vriE  of  Congress,  is  \ 
held  with  joy  and  gladness,    and  with  | 
prayers  for  its  immediate  consummation,  i 
The  rules  were  suspended,  and  it  msj 
adoiDted. 
By  Mr.  Cromwell: 

Whebeas,  An  act  to  provide  for  the  more 
efficient  government  of  the  rebel  States, 
passed  March  2,  18f57,  and  the  acts  supple- 
mentary thereto,  passed  on  23d  of  March, 
1867,  declaiing  that  no  legal  State  govern- 
ments or  adequate  protection  for  life  or 
property  existed  in  the  rebel  states;  and 

Whekbas,  It  is  necessary  that  peace  and 
good  order  be  enforced  in  the  State  of  Lou- 
isiana until  a  loyal  and  Kepublican  form  of 
government  can  be  peaceably  established, 
without  fear,  fraud,  influence  or  restraint; 
and 

"Whekeas,  We,  the  loyal  and  Union  peo- 
ple of  Louisiana,  in  Convention  assembled, 
under  the  acts  oi  Congress  passed  on  the 
2d  and  23d  of  March,  1867,  and  by  authori- 
ty of  a  special  order  Xo.  166,  from-  head- 
quai-ters  Fifth  Military  District,  New  Or- 
leans, Louisiana;  and 

Whereas,  We  are  desirous  that  our  (Con- 
stitution shall  be  ratified  by  the  loyal  voters, 
and  our  State  admitted  into  the  Union  of 
States  with  her  proper  representation  of 
Senators  and  Kexiresentatives;  and 

Whereas,  We  fear  that  the  planters, 
rebel  capitfdists  and  politicians  who  are  op- 
posed to  reconstruction,  will  discharge  and 
turn  off  from  their  employ  all  voters  they 
cannot  control  politically;  therefore, 

Be  if  ordained  by  tlte  People  of  the  State  of 
Louisiana  in-  Convention  Assembled,  That  all 
persons  being  legally  registered  and  desir- 
ing to  remain  on  the  plantation  in  the  pre- 
cinct that  they  may  not  be  deprived  of  their 
vote  on  the  Constitution. 

Be  it  furtlm-  ordained,  That  no  person 
shall  be  ejected  or  excluded  from  the  i^lace, 
plantation  or  house  in  which  he  lived  at 
the  time  of  his  registering  as  a  vot  >r,  until 
after  the  vote  shall  have  been  tak  ^  on  the 
ratification  of  the  Constitution.  But  *all 
uch  persons  may  contract  Vr^itli  'he  x^ro- 
prietor  or  planter  for  the  ensuing  year,  at 
any  price  i^er  day,  week  or  month,  and  ,;uch 
agreement  or  contract  shall  be  valid.  And 


uld  anv 


;on  or  -;)ii!nier.  un 


r.  1  privileges  not 
partnerships. 


of  any  lav,',  stutvite.  regidation  or  ordinance, 
eject  or  cause  to  be  ejected  from  any  planta- 
tion, house  or  the  lands  sucL  r  as  was 
on  at  the  time  when  regisr  -.11  be 

deemed  a  misdemeanor,  and  '  11  j  testi- 
mony of  two  witnesses,  shall  be  convicted, 
and  on  conviction  be  puni^in^d  '  v  a  fine- 
not  more  than  S500,  nor  '  .^i  six- 
months  in  i:)rison  at  hard  l  .:  -  :  -r  both. 
This  ordinance  to  remain  in  lull  force  until 
after  the  vote  shall  have  been  taken  on  the 
ratification  of  the  Constitution  of  Louisiana. 

Lies  over. 

By  Mr.  Cromwell : 
Corporations  having  no  Banking  Privileges: 

Section  1.  The  term  corporations  used 
in  this  article,  shall  be  construed  to  incltide 
all  associations  and  joint  stock  companies 
having  any  of  the  i)r>^-'-r- 
possessed  by  indivi'in:-! 
except  such  as  eni"l)r;a'c  -'i iviieges  ;: 

and  all  corporations  shall  h--  .,h: 
sue  and  shall  i)e  lij'^^'.      '     :  .  ,^  Aiv- 
manner  as  natural  ; 

Ssc;.  2.  No  cori-'  .  i  -hall  be  formed 
under  special  acts.  exc-T  r  i'l'v  municipal 
purposes. 

Sec.  3.  Each  stockholder. 
ration,  shall  be  liable  to  - 
stock  held  or  owned  by  hini. 
•  Sec.  4.  Lands  may''  b.^  x-\^^^m  for  public 
way  for  the  pur-pose  of  g--  '  '     .  "    -.ny  cor- 
poration the  franchise-  public 
use;  in  all  caseS;  however.    lair  and  equit- 
able compensation  shall  be  Tvdd  for  such, 
lands  and  the  d.  r:  ^      '-  in  the 

taking  of  the  sar.:  itions 
being  common  cam.'.-,  -right 
of  way  in  pursuance  to  tli;  'US  of 

this  section,  shall  be  bound  w.  c.iriy  and 
treat  all  persons  alike  on  equal  term.s,  shall 
carry  the  mineral,  agricultural  and  other 
productions  or  manufactures  on  reasonable 
terms. 

Resolved,  This  shall  be  '^Title  8"  of  the 
Constitution  of  Louisiana. 

Lies  over  and  100  coioies  ordered  to  b& 
I^rinted. 

Mr.  Antoine  called  up  tlie  follovdng  reso- 
lutions lieing  over  from  December  27: 

Whereas,  The  lavr  of  Concre^---.  r-roating 
the  Bureati  of  Eefuii^H;  ■  and 

Abandoned  Lands,  prt)vido>  l_Bu- 
reau  shall  expire  on  the  lir-r  dav  oi  July. 
1868,  and 

Whereas,  The  freedmen  of  the  non-re- 
constructed States  are  yet  .subject  to  muck 
gross  injustice  and  persecution  at  the  hands 
of  former  rebels  and  slave-holders,  and 

Whereas,  The  freedmen,  in  those  States, 
with  but  few  excejDtions,  fail  to  receive  jus- 


152 


JOURNAL  OF  THE  CONSTITIKIONAL  COOTEKTIOK 


tice  either  under  State  laws,  in  State  courts] 
or  under  tlie  Civil  Riglits  bill  in  the  tribu-  j 
nals  designated  in  that  bill,  and  ■ 
Whereas,  By  reason  of  the  failure  of  the 
crops,  the  violation  of  contracts,  the  over- 
flow of  large  sections  of  country  bordering 
on  the  Mississippi,  great  suffering  must  be 


Adopted.  'fi\ 
Mr.  Yi aples  moved  to  amend  by  striking 
out  the  w^ords  "death  or,"  and  inserting 
after  the  word  ''labor"  the  words  "or  a| 
gTeater  p  enalty . ' '  ' 
Lost. 

I    Mr.  Wickliffe  moved  to  amend  by  strik- 
"Winter  by  large  numbers  of  persons  of  both  N         ,,^  t«<  ^-     4.1,  j 

.  .'^     ,T  -  ^  .T^    T?      1    mg  out  the  word  "a  and  msertmg  the  word 

races,  requiring  the  action  of  the  ±  reed- 1  _         .  ,  ^ 

men's  Bui-eau;  therefore,  be  it  |  "any,"  and  striking  out  the  words  "exceed- 

ResoUecl,    That  this   Convention    imite  ;  ing  five  hundred  doUars. " 


endured 


the  present  and  coming 


■with  the  Conventions  01  Alabama  and  Yir- ; 
ginia  in  their  xDetitions  to  Congress  for  the  1 
continuance  of  the  Bureau  of  Refugees,  ! 
Preedmen  and  Abandoned  Lands  till  such  | 
time  as  the  work  of  reconstruction  shall  1 


Mr.  Ludeling  moved  to  amend  the 
amendment  by  inserting  "exceeding  three 
hundred  dollars." 

On  motion  the    Convention  adjourned 


WM.  VIGERS,  Secretary. 


have  been  completed  and  State  governments  i  until  to-morrow  at  11  a.  31. 
in  full  operation  as  nov/  contemplated  by  |    ^  true  copy 
law. 

Resolved,  That  this  Convention  in  urging 
tipon  Congress  the  necessity  of  extending 
the  Bureau,  would  also  resi^ectf  uUy  urge  the 
importance  of  instituting  diligent  inquiry 
into  the  character  and  competency  of  its 
present  officers  and  agents  in  this  State, 
and  the  dismissal  of  such  as  are  fund  to  be 
incompetent  and  unfit  to  be  entrusted  with 
the  grave  and  resi^onsible  duties  devolving 
upon  them,  of  whom,  in  the  judgment  of 
this  Convention,  there  are  many  in  this 
State. 

Resolved,  That  a  copy  of  this  preamble 
and  resolutions  be  forwarded,  by  the  Pres- 
ident of  this  Convention,  to  the  President 
Df  the  Senate  and  the  Speaker  of  the  House  j  HJS'  • 
of  Representatives.  '-^^^'^ 

Which  was  adox^ted. 

Mr.  Rodriguez  was  called  to  the  chair. 


UNFINISHED  BUSINESS. 

Mr.  Waples  moved  to  lay  the  substitute 
Df  Mr.  Wicldiffe  on  the  table. 
Adox^ted. 

Mr.  Blackburn  moved  to  reconsider  the 
Tote  on  the  adox)tion  of  the  amendment  of 
Mr.  Smith,  to  article  72,  inserting  "three  " 
in  the  place  of  "five,"  in  the  5th  line. 

The  motion  to  reconsider  j)revailed. 

The  question  recurring  upon  the  amend- 
ment, it  was  lost. 

Mr.  Ludeling  moved  to  amend  by  strik- 
ing out  all  after  the  word  "  whatsoever  "  in 
the  9th  line,  to  the  word  "corporation," 
13th  line  inclusive,  and  inserting  the  words 
"  or  any  fine,  forfeiture  or  penalty  imposed 
by  a  municix:)al  corx^oration  shall  be  in  con- 
testation, T»-hatever  may  be  the  amount 
thereof." 


THIRTY-EIGHTH  DAY. 
K"ew  Oeleans,  Tuesday,  Jan.  14,  1868. 
The  Convention  met  pursuant  to  adjourn- 
ment and  w^as  called  to  order  by  the  Presi- 
dent at  11  a.  m. 

The  roU  was  caUed  and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine,  Baker,  Bertonneau,  Blandin,  Bonseig- 
neur,  Bonnefoi,  Brown,  Burrel,  Cooley, 
Crane,  Crawford,  Cromwell,  Cuney,  Dear- 
Demarest,  Dex^asseau,  P.  G.  Deslonde, 
onato,  XJ.  Dupart,  Duplessis,  Esnard, 
Francois,  Ferguson,  Gair,  Gardiner,  Harris, 
Hempstead,  Ingraham,  R.  H.  Isabelle, 
Jackson,  Kelso,  Lange,  Leroy,  J.  B.  Lewis, 
R.  Lewis,  Marie,  Martin,  Meadows,  McMil- 
len,  Morris,  Moses,  Murrel,  Myers,  Oliver, 
Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Reese,  Riard,  Riggs, 
Roberts,  Rodriguez,  Schwab,  Snaer, Scott, 
Snider,  Thibaut,  Twitchell,  Valfroit,  Van- 
dergriff;  Waples,  Wicldiffe,  WilKams,  Wil 
son — 68  members  x>resent. 

Prayer  by  the  Rev.  Jos.  Fisk. 
The  minutes  were  read  and  adopt<id. 

OEIGINAL  resolutions. 

By  Mr.  Pinchba<3k: 

Resolved,  That  the  rules  governing 
Convention  be  so  altered       to  have 
daily   sessions;  morning  session  to  com- 
mence at  11  o'clock,  evening  session  at  6 
o'clock. 

Lies  over. 

^   BEPOETS  OP  standing  COMMITTEES. 

Committee  on  Enrollment — iSTo  report 
Committee  on  Contingent  Exx)enses — Xo 
rex^ort. 


this 
two 


JOUEXAL  OF  THE  COXSTITUTIOXAL  CONVENTION. 


153 


SPECIAL  COMMITTEES. 

The  special  committee,  to  wliich  was 
ef erred  the  report  of  Committee  on  Con- 
ingent  Expenses,  rei^orted  progress. 

3Ir.  Cooley  called  attention  to  an  error 
n  the  Journal  of  the  9th  Jamiary,  in  ilie 
yes  and  nays  uiDon  ]Mr.  Crane"s  amend- 
aent,  which  was  ordered  to  be  corrected. 
)y  transferriug  the  name^  of  Messrs.  Bonne- 
oi;  Gooley,  Crawford,  LiideKng  and  Lynch 
rem  the  atiirmative  to  the  negative,  and 
hat  of  Mr.  Crane  from  the  negative  to  the 
iffirmative. 

r^FINISHED  BirSIXESS.  j 

The  amendment  of  Mr.  LudeKng  being 
mder  consideration.  ; 
Was  adopted. 

Article  72,  majority  report,  as  amended,  ' 
nd  reading  as  follows: 

.Art.  74.  The  Supreme  Court,  except  in 
ases  hereinafier  pro-^dded.  shall  have  appel- 
ate jurisdiction  only:  which  jurisdiction 
hall  extend  to  all  cases  when  the  niatifr  in 
lispute  shall  exceed  five  handred  dollars; 
,nd  to  all  cases  in  which  the  constitutional- . 
tj  or  legality  of  any  tax,  toll,  or  imp3st  of 
ny  kind  or  nature  whatsoever,  or  any  tine, 
orfeiture.  or  penalty  imposed  by  a  munici- 
)al  corporation  shall  be  in  contestation, 
vhatever  be  the  amount  thereof  :  and  in 
uch  cases  the  appeal  shall  be  direct  from 
he  court  in  which  the  case  originated  to  the 
supreme  Court;  and  in  criminal  cases,  on 
questions  of  law  only,  whenever  the  puni- 
shment of  death,  or  imprisonment  at  hard 
abor,  or  a  fine  exceeding  three  hundred 
lollBrs  is  imposed. 
Was  adopted. 

Mr.  Oliver  moved  to  adopt  article  73. 
najoiity  report. 

Mr.  Crane  moved  to  amend  by  sidking 
mt  all  from  the  word  "appointed.''  lltli 
ine,  to  •■'  they/'  in  the  13th  line,  and  in- 
;erting  "shall  be  elected  for  the  term  of 
ix  years  by  a  plurality  of  the  qualified 
ilectors  of  the  whole  State,  at  the  same 
lime  and  places  of  the  elections  of  mem- 
bers to  the  General  Assembly  next  preced- 
ng  the  expiration  of  the  term  of  each  of 
>aid  Judges  respectively." 

Mr.  Meadows  moved  to  lay  the  amend- 
nent  on  the  table. 

Adopted. 
I  Ayes  38,  nays  32 — as  follows: 

Ayes  :  Antoine,  Baker,    Barret,  Belden, 


Blandin,  Cooley,  Crawford,  Cuney,  Dear- 
ing,  Douglass,  Duplessis,  Edwards.  Fid- 
ler.  Ferguson,  Gair,  Hempstead.  Ingraham, 
Kelso,  Landers,  Leroy.  J.  B.  Lewis,  E. 
Lewis.  Ludeling,  Meadows.  McZvIillen.  Mur- 
rill,  Myers,  Newsham.  Packard,  Pinch- 
back.  EeaR-an.  Eeese,  Scott,  Snider,  Steele, 
TwireheU,^'andergrin,  Waples— 38. 

Nays:  B(^nnefoi,  Brown.  Crane,  Crom- 
vrell.  j  '  ■  "     '  ■11,1  e.  XT.  Du- 

part.  L-_  .  .  .i.T.  E.  H.  Lsa- 

belle.    inv_....  Jackson,  Marie, 

Morris,  Martin..  .  Mushaway,  Oliver, 
Pierce,  Poindextcrr,  x'.jilard,  Eiard,  Eiggs, 
Eodriguez.  Snaer,  Tinchant,  Yaliroit,  Ti- 
dal. Wickliiie,  Williams,  Wilson— 32. 

Mr.  Tinchant  was  excused  from  attend- 
ance on  the  ground  of  sickness. 

By  Mr.  Blandin,  article  73,  majority 
report, 

Mr.  Hempstead  moved  to  anaend  by  ad- 
ding : 

Pr  That  the   present  Supreme 

Ju:l;_:---  shall  remain  in  <'--fiice  until  the  expi- 
ration of  their  commissions  for  the  term  to 
which  they  were  appointed. 

The  amendment  was  adopted. 

Zdr.  McMillen  moved  to  amend  by  striking 
out  all  after  "and,'"'  in  the  foiudeenth  line, 
to  the  word  "appointment,''  and  inserting 
"licensed  to  practice  Liv:  in  this  State." 

3Ir.  Cooley  moved  to  amend  the  amend- 
ment by  adding: 

Proi'ide'l,  That  after  the  termination  of 
the  term  of  the  first  Judges  of  the  Su- 
preme Court  to  be  appointed  under  tliis 
article,  a  quahfication  of  ten  years  practice 
at  the  bar  of  this  State,  shall  be  required 
for  Judges  of  the  Supreme  Court. 

Mr.  Jones  moved  to  lay  the  amendment 
of  Mr.  Cooley  on  the  table. 

3Ir.  Ingraham  asked  that  the  question  be 
divided  and  the  question  be  tiiken  upon 
the  amendments  of  Mr.   Cooley  and  Mr. 
;  McMillen  separately. 

The  Chair  rided  that  the  question  was 
not  suscei:)tible  of  division. 

The  motion  lay  on  the  table  was  adopt- 
ed. 

I    Mr.    Pinchback    moved  to   amend  by 
Striking  out  the  words  "in  this  State,"  ia 
the  fifteenth  L'ne. 

!  Mr.  McMillen  moved  to  amend  by  in- 
!  serting  the  words  "the  last  three  year^J 
'  thereof,  next  preceding  his  appointment  ill 
,  this  State." 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Mr.  Coolej  moved  to  amend  bj  inserting 
tlie  words  "before  tlie  >Snpreme  Court." 

Wiiicli  was  ruled  not  in  order. 

The  amendment  of  Mr.  McMillen  was 
adopted. 

Ayes  42,  nays  22 — ^as  follows  : 

Ayes :  Baker,  Bertonneau,  Blackburn, 
Brown,  Cromwell,  Cuney,  Dearing,  De- 
marest,  P.  G.  Deslonde,  Douglass,  G. 
Dupart,  U.  Duj^art,  Francois,  Gardiner, 
Ingrabam,  R.  H.  Isabelle,  Tlios.  Isabeile, 
Jones,  Xelso,  Lange,  J.  B.  Lewi«,  !Lude- 
ling,  Marie,  Meadows,  McLeran,  McMillen, 
Moses,  Murrel,  Newsham,  Packai-d,  Pierce, 
Pinchback,  Pollard,  Rease,  Biggs,  Rodri- 
guez, Scliwab,  Snider,  Thibaut,  Valfroit, 
WiUiams,  Wilson — i2  ayes. 

Nays  :  BaiTet,  Bonnefoi,  Burrel,  Cooley, 
Crane,  Crawford,  Depasseau,  Duplessis, 
Gair,  Harper,  Hiestand,  Ingraham,  Leroy, 
R.  Lewis,  Morris,  Musliaway,  Myers, 
Reagan,  Riard,  Scott,  Waj^les,  Tincliant — 22 
nays. 

The  article,  as  amended,  and  reading  as 
follows  : 

Aet.  75.  The  Supreme  Court  shaU  be 
composed  of  one  Chief  Justice  and  four  asso- 
ciate justices,  a  majority  of  whom  shall  con- 
stitute a  quorum.  The  Chief  Justice  shall 
receive  a  salary  of  seven  thousand  five  hun- 
dred dollars,  and  each  of  the  associate  justices 
a  salary  of  seven  thousand  dollars  annually, 
payable  quarterly,  on  their  own  warrants. 
The  Chief  Justice  and  the  associate  justices 
shall  be  appointed  by  the  Governor,  with 
the  advice  and  consent  of  the  Senate,  for 
the  term  of  eight  years.  They  shall  be 
citizens  of  the  United  States,  and  shall 
have  practiced  law  for  the  space  of  five 
years,  the  last  three  thereof  next  preceding 
their  appointment,  in  the  State.  The 
Court  shall  appoint  its  own  clerks  ;  they 
may  remove  them  at  pleasure;  Provided, 
That  the  present  Supreme  Judges  shall 
remain  in  office  until  the  expiration  of 
their  commissions  for  the  term  to  which 
they  were  api^ointed. 

Was  adojjted. 

On  motion,  the  Convention  adjourned 
mntil  to-morrow  at  11  a.  m. 
A  true  copy : 

WM.  YIGERS,  Secretary. 

THIRTY-NINTH  DAY. 

New  Orleans,  Wednesday,  Jan.  15,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment and  was  called  to  order  by  the  Presi- 
dent at  11  A.  M. 


The  roU  was  called  and  the  followin 
1  members  answered  to  their  names: 
I    J.  G.  Taliaferro,  President;  Messrs.  Aij 
jtoine.  Baker,  Belden,   Bertonneau,  Blal- 
I  din,  Bon  seigneur,  Bonnefoi,  Brown,  Burre! 
I  Cooley,  Crawford,  Cromwell,  Cuney,  Deal 
I  ing,  Demarest,  Depasseau    Deslonde  I 
G.,  Donato,  Douglass,  G.  Duparte,  U.  Di 
part,  Duplessis,    Edward,  Esnard,  Frai 
cois.   Fuller,    Gair,  Gardiner,  Guicliard 
Harper,    Harris,    Hempstead,  Ingi-ahan 
jlsabehe  Tiios.,  Jones,  Landers,  Ludelin^ 
Lange,  Leroy,  J.  B.  Lewis,  R.  Levris,  Lyncl 
Marie,     Massicot,    Meadows,  McLerai 
McMillen,  Morris,  Moses,  Murrel,  Mush£ 
way,  Myers,  Oliver,  Packard,  Pierce,  Pinct 
back,  Poindexter,  Pollard,  Reagan,  Rees< 
Riard,  Riggs,  Roberts,  Rodriguez,  Schwal: 
Snaer,    Scott,    Snider,    Steele,  Thibaui 
Tiachant,  Twitchell,  Underwood,  Valfroi' 
Vandergriff,  Vidal,  Waples,  Wickliffe,  Wi 
Hams,  Wilson — 81  members  present. 
Prayer  by  the  Rev.  Jos.  Fisk. 
The  minutes  were  read  and  adopted. 
Mr.  Tinchant|asked  to  have  his  vote  re 
corded  on  the  adoption  of  article  75  of  th 
Constitution.    No  objection.  Mr.  Tinchar 
voted  no, 

OKIGINAIi  EESOIiUTIONS. 

By  Mr.  Yalfroit: 

Resolved,  That  the  General  Assembly  a 
its  first  session,  shall  have  the  power  to  mak 
or  pass  such  laws  that  shall  establish  g 
least  six  j)ublic  schools  in  every  parish  c 
the  State  for  all  children  between  the  age 
of  six  and  twenty-one  years,  without  dig 
tinction  of  race,  color  or  previous  con 
dition. 

Lies  over. 

By  Mr.  E.  Tinchant: 

Whereas,  A  large  majority  of  the  loya 
voters  of  the  State  of  Louisiana,  owing  t( 
circumstances  independent  of  their  owi 
vrill,  have  been  educated  in  the  Frencj 
language,  are  unable  to  read  and  understam 
the  national  language  as  fully  as  they  d 
French;  and 

Whereas,  This  Convention  of  the  loya 
people  of  Louisiana  is  duty  bound  to  d( 
justice  to  all  its  constituents  without  dis 
tinction  or  discrimination;  therefore,  be 

Resolved,  That  the  sum  of  one  thousand 
dollars  is  hereby  appropriated  to  i)rovid< 
for  the  printing  of  a  certain  number  o: 
copies  of  the  official  journal  in  the  Frencl 
language. 

Resolved  furtlm-,  That  the  Committee  on 
Printing  be  and  is  hereby  instructed  to  re 
port  how  many  copies  of  said  journal  could 
be  printed  for  the  aforesaid  amount. 

Mr.  Tinchant  moved  to  suspend  the  rulei 


JOUEXAL  OF  THE  COXSTITUTIOXAL  COXYEIsTIOX. 


155 


Lnnd..r«.  Laiige,  J.  B.  L^^vis,  E.  Le^-i,^. 
^i.u'ic.  jiiirtin.  Jiassicot.  INicLeran.  J±c^l.l^- 
len,  Munis.  Oliver,  Packard,  Eeagan, 
Schwab,  Snaer,  Scott.  Snider,  Tliibaut, 
rnderwood,  Tidal,  Vrickliife,  "Wilson — iS 
ayes. 

Xays:  Baker,  Barret,  Bertonneaii,  Blan- 
din,  Bonnefoi,  Crane,  Crawford,  Cuney, 
Depassean,  P.  O.  Deslonde,  Douglass,  U. 


i^ut  the  resolution  upon  its  i^assage. 
Adopted. 

Mr.  Eodrigiiez  moved  to  lav  the  resolu- 
3n  on  the  table. 
Adopted. 

A  commnnication  from  E.  H.  3IcMillan 
iS  read. 

By  3Ir.  Mc^IiUen: 

Resolved,  That  a  committee  of  three  be  '  Kelso,  Leroy,  Ludeling.  Lynch.  [Meadows, 
)pointed  to  report  to  this  Convention  what ;  Moses,  Miu-rel,  Musha  .vay.  Myers,  Pierce, 
.rther  action,  if  any,  is  necessary  to  seciu*e  ,  Pinchback,  Poindexter.  Pollard,  Eeese, 
.e  si^eedy  collection  of  the  tax  authorized  |  Eiard,  Eiggs,  Eoberts,  Eodrigaiez,  T^it- 
7  the  ordinance  passed  December  14, 1867,  j  chell,  YaKroit,  T\'aples.  Williams — 38  nays, 
id  that  said  committee  be  empowered  to  ;  rKTiNisHED  busi>tiss. 

inter  Vrith  the  othcers  charged  with  the  ^       ^  ^  ,  • 

lecution  of  the  ordinance,  and^ith  Major  j  Ingraham  moved  to  reconsider  tiie 

eneral  Hancock,  commanding  Fifth  Mill-  j  vote  iij^on  the  adoption  of  the  amendment 
ly  Division.  i  of  Mr.  McMillen,  to  article  75  of  the  Con- 


Du^Dart,  Ed^ 


!snard,  Fuller.  Ouichard, 


Mr.  McMillen  moved  to  suspend  the :  stitution. 


lies  to  iDlace  the  resolution  upon  its  pas- 
tge. 

Adopted, 


Mr.  McMillen  raised  the  point  of  order 
that  a  motion  to  reconsider  a  portion  of 
an  article  which  has  been  ado}3ted  as  a 


The  resolution  was  read  a  second  time  '  n;^hole  cannot  be  entertained. 


id  adopted. 

Mr.  Meadows  moved  that  the  Convention 


The  Chair  so  ruled. 
Mr.  Ingraham  moved 


to  reconsider  the 


3  hereby  take  some  steps  to  compel  the ;  vote  on  the  adoption  of  the  article. 


Lembers  to  attend  the  Convention  more 
jgularly. 

Laid  on  the  table. 

EEPOET  OF  STANDING  C03I3IITTZES. 

Committee  on  Printing — Xo  report. 
Committee  on  Enrollment — Xo  report. 
Committee  on  Contingent  Expenses — Xo 
eport, 

SPECIAIi  COMillTTEES, 

The  special  committee  to  whom  was  re- 
jrred  the  report  of  the  Committee  on 
lontingent  expenses,  through  Mr,  "Waples, 
hairman,  reported  progress. 

OKDEE  OF  THE  DAT. 

Mr.  Underwood  called  ui3  his  resolution, 
fing  over  from  -lanuary  10,  and  moved  to 
dopt,  and  the  resolution,  reading  as  fol- 


Mr.  Hempstead  moved  to  lay  the  motion 
to  reconsider  on  the  table. 
Lost. 

Mr.  Bertonneau  moved  the  previous  ques- 
tion, and  was  seconded  by  a  majority  of 
the  delegates. 

The  ayes  and  nays  were  ordered,  and  the 
motion  to  reconsider  prevailed. 

Ayes  63,  nays  12 — as  follows: 

Ayes:  Antoine,  Barret,  Belden,  Berton- 
neau, Blandin,  Bonseigneur,  Burrel,  Cooley, 
Crane,  Crawford,  Cromwell,  Donato.  Doug- 
lass, G.  Dui3arte,  U.  Dupart,  Duplessis, 
Francois,  Fuller,  G-air,  Gardiner,  Guichard, 
Hai'per,  Harris,  Hiestand,  T.  H.  Isabelle, 
Jones,  Kelso,  Landers,  Lange,  Leroy,  E. 
Lewis,  Ludeliug,  Lynch,  Massicot,  Mea- 
dows, McLeran,  McMillen,  Morris,  Moses. 
Murrel,  Mushawav,  Mvers,  Oliver,  Packard, 


Resolved,  That  for  the  jmrpose  of  properly  Pierce,  Pinchback,  Poindexter,  Pollard, 
nrolling  the  proceedings  of  this  Conven-  Eeagan,  Eeese,  Eiard,  Eiggs,  Eoberts, 
ion,  the  Committee  on  Enrollment  is  here- 1  Eodriguez,  Schv>-ab,  Snaer,  Scott,  Thibaut, 
>y  authorized  to  employ  such  clerks   as  i  Tinchant,    Twitchell,   Yalfroit,  Wicldiffe, 


hey  may  need  for  that  i^urpose 
Was  adopted. 
Ayes  43,  nays  38 : 

Ayes:  Antoine,  Belden,  Brown,  Burrel, 
Dooley,  Cromwell,  Dearing,  Demarest,  Do- 
lato,  G.  Duparte,  Duplessis,  Francois, 
>air,  Gardiner,  Harper.  Harris,  Hempstead.  I  i^^^:  out 


I  Williams,,  Wilson — 63  ayes. 

Xays:  Bonnefoi.  Brown,  Cuney,  De- 
Imarest.  Edvrard,  Hempstead,  E.  H.  Isa- 
1  belle.  J.  B.  LeA^is,  Martin,  Snider,  "Waple^, 
}  12  nays. 

I    Mr.  Bertonneau  moved  to  amend  by  strik- 
the 


:esent  Suj^reme  Judges  shall 


liestand,  Ingraham,  E.  H.  Isabelle,  Jones,  I  remain  in  office  until  the  expired  term  of 


156 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


tlieir  respective  commission,"  and  moved 
the  previous  question,  which  was  seconded 
by  a  majority  of  the  delegates.  The  mo- 
tion to  amend  prevailed. 

Mr.  Pinchback  moved  to  ado]3fc  article  73 
as  amended,  and  the  article,  reading  as 
follows : 

Aet.  75.  The  Supreme  Court  shall  be 
composed  of  one  Chief  Justsce  and  four 
associate  justices,  a  majority  of  whom 
shah  constitute  a  quorum.  The  Chief 
Justice  shall  receive  a  salary  of  seven  thou- 
sand five  hundred  dollars,  and  each  of  the 
associate  justices  a  salary  of  seven  thousand 
dollars,  annually,  payable  quarterly  on 
their  own  warrants.  The  Chief  Justice 
and  the  associate  justices  shall  be  ap- 
pointed by  the  Governor,  with  the  advice 
and  consent  of  the  Senate,  for  the  term 
of  eight  years.  They  shall  be  citizens 
of  the  United  States,  and  shall  have  prac- 
tised law  five  years,  the  last  three  years 
thereof  before  their  appointment  in  this 
State.  The  court  shall  a]3point  its  own 
clerks  ;  they  may  remove  them  at  i^leasure. 

Was  adopted. 

Mr.  Pinchback  was  called  to  the  chair. 

The  President  announced  the  appoint- 
ment of  the  special  committee  to  confer 
with  General  Hancock  ui^on  the  Tax  Ordi- 
nance, as  follows: 

Messrs.  W.  L.  McMillen,  J.  H.  Ingra- 
ham,  M.  Vidal. 

On  motion  of  Mr.  Cromwell,  the  con- 
vention took  a  recess  until  2  o'clock  p.  m.,  to 
allow  the  committee  just  appointed  time 
to  execute  its  mission  and  report  to  the 
Convention  to-day 

Wednesday,  Jan.  15,  2  p.  m. 

At  the  exjDiration  of  the  recess,  the  con- 
vention reassembled. 

The  roll  was  called  and  a  quorum  found 
to  be  present. 

Mr.  Pinchback  in  the  Chair. 

By  Mr.  Underwood,  article  74  majority 
report. 

Mr.  Crane  moved  to  amend  by  striking 
out  "May"  and  inserting  "June." 

Mr.  Gair  moved  to  lay  the  amendment  on 
the  table. 
^  Adopted. 

Article  74,  majority  report,  reading  as 
follows : 

Akt.  76.  The  Supreme  Court  shall  hold 
its  sessions  in  the   city  of  New  Orleans 


Ir. 


from  the  first  Monday  in  the  month  ( 
November  to  the  end  of  the  month  of  Ma] 
The  Legislature  shall  have  power  to  fix  tin 
sessions  elsewhere  during  the  rest  of  ti 
year;  uatil  otherAvise  provided,  the  sessioj 
shall  be  held  as  heretofore. 
Was  adopted. 

The  rules  were  suspended  to  receive  th 
rejDort  of  the  Special  Committee,  and  th 
committee,  through  Mr.  McMillen,  it 
Chairman,  submitted  the  following  report 

To  the  President  and  Members  of  the  Constitutioni 
Conveution  : 

Your  committee  appointed  to  report  whs 
further  action,  if  any,  is  necessary  to  secur 
the  speedy  collection  of  the  tax  levied  ur 
der  the  ordinance  passed  December  24 1^ 
1867,  and  to  confer  with  the  officers  authoi 
ized  to  collect  the  same  and  with  the  Majo 
General  commanding  the  Fifth  Militar, 
District,  beg  leave  to  submit  the  foUowinj 
preliminary  report: 

In  compliance  with  the  resolution  adopi 
ed  this  day,  your  committee  called  at  th 
offices  of  the  Auditor  and  Treasurer  of  State 
but  failed  to  find  either  of  those  officials 
their  office;  from  their  clerks,  they  learnet 
that  the  tax  collectors  of  this  city  had  re 
ported  that  but  a  small  amount,  some  .^2C 
had  been  collected,  but  as  no  reports  fror 
the  collectors  were  on  file  in  the  Auditor 
office,  the  reason  alleged  by  the  collector 
for  their  failure  to  collect  the  tax,  could  no 
be  ascertained  to-day. 

Your  committee  next  visited  Major  Gen 
eral  Hancock,  and  v/ere  informed  by  hiu 
that  the  failure  to  collect  the  special  ta: 
had  been  officially  presented  to  him  by  th 
Auditor  of  the  State  day  before  yesterday 
that  he  had  the  subject  under  consideratioi 
and  would  present  his  vievv^s  in  v.Titin^ 
without  unnecessary  delay,  and  recommend 
ed  that  no  further  action  be  taken  until  hi 
reply  to  the  Auditor  of  the  State  be  made 
which  your  committee  were  informed  woulf 
cover  the  whole  subject  under  considera 
tion. 

In  compliance  with  this  suggestion 
General  Hancock,  we  respectfully  recom; 
mend  the  Convention  to  allow  the  matter  t( 
remain  in  statu  quo  a  reasonable  time 
order  to  give  the  General  commanding  op 
portunity  to  act. 

Your  committee  herein  desire  to  stat( 
that  the  General  declined  to  inform  then 
verbally  what  that  action  would  be,  bul 
said  expressly  that  he  would  communicate 
with  them  in  writing. 

[Signed]  W.  L.  McMillen, 

J.  H.  Ingeaham, 

M.  YiDAL. 

Which  was  received. 


JOURNAX.  OF  THE  CONSTITUTIONAL  CONVENTION. 


157 


tfr.  Tincliant  moyed  to  discharge  tlie 
nmittee. 

By  Mr.  Blandin,  article  75,  majority 
lort,  reading  as  follows  : 
Lrt.  77.  The  Supreme  Court,  and  each 
the  judges  thereof,  shall  have  power  to 
;ie  wTits  of  habeas  corpus,  at  the  instance 
all  persons  in  actual  custody,  in  all 
es  when  they  may  have  appellate  juris- 
tion. 

Vhicli  was  adopted. 

5y  Mr.  BlandiD,  article  76,  majority 
ort,  reading  as  follows  : 

LRT.  78.  No  judgment  shall  be  rendered 
the  Supreme  Court,  without  the  concur- 
ce  of  a  majority  composing  the  court, 
lenever  the  majority  cannot  concur,  in 
.sequence  of  the  recusation  of  any  mem- 
of  the  court,  the  Judges  not  recused 
11  have  x^ower  to  call  upon  any  Judge  or 
Iges  of  the  district  courts,  whose  duty  it 
11  be,  when  so  called  uj)on,  to  preside 
he  x^lace  of  the  Judge  or  Judges  recused, 
L    to    aid  in  determining  the  case. 

V^hich  was  adopted. 
;y  Mr.  Gair : 

.rticle  77,  majority  reiDort,  reading  as 
Dws : 

RT.  79.  All  Judges,  by  virtue  of  th^ir 
;e,  shall  be  conservators  of  the  j)eace, 
mghout  the  State.  The  style  of  all 
i-ess  shall  be  "The  State  of  Louisiana." 
prosecutions  shall  be  carried  on  in  the 
le  and  by  the  authority  of  "  The  State 
Louisiana,"  and  conclude  "  Against  the 
26  and  dignity  of  the  same." 
rhich  was  adopted, 
y  Mr.  Blandin  : 

rticle  78,  majority  report,  reading  as 
)ws : 

ET.  80.  The  Judges  of  all  courts,  when- 
•  practicable,  shall  refer  to  the  law,  in 
Lie  of  which  every  definitive  judgment 
endered  ;  but  in  ail  cases  they  shall 
ace  the  reasons  on  which  their  judg- 
it  is  founded, 
''hich  was  adopted, 
y  Mr.  Bertonneau : 

I'ticle  79,  majority  report,  reading  as 
)ws: 

RT.  79.  The  Judges  of  all  courts  shall 
able  to  impeachment  for  high  crimes  and 
iemeanors.  For  any  reasonable  cause 
Governor  shall  remove  any  of  them,  on 
^.ddress  of  two-thirds  of  the  members 
ted  to  each  House  of  the  General  As- 
bly.  In  eveiy  such  case  the  cause  or 
eSj  for  wliich  such  removal  may  be  re- 


quired, shall  be  stated  at  length  in  the  ad- 
dress, and  inserted  in  the  journal  of  each 
House. 

Mr.  Waples  moved  to  amend  by  striking 
out  the  word  "high." 
Agreed  to. 

Mr.  Reagan  moved  to  amend  by  adding 
' '  the  Judges  of  all  courts  shall  be  liable  to 
arrest  and  punishment  for  crime  and  misde- 
meanors." 

Mr.  Bertonneau  moved  to  lay  the  amend- 
ment on  the  table. 
Adopted. 

The  article,  as  amended,  and  reading  as 
follows : 

Abt.  81.  The  Judges  of  aU  courts  shall 
be  Hable  to  impeachment  for  crimes  and 
misdemeanors.  For  any  reasonable  cause 
the  Governor  shall  remove  any  of  them,  on 
the  address  of  two-thirds  of  the  members 
elected  to  each  House  of  tlie  General  As- 
sembly. In  every  such  case  the  caiise  or 
causes,  for  which  such  removal  may  be  re- 
quired, shall  be  stated  at  length  in  the  ad- 
dress, and  inserted  in  the  journal  of  each 
House. 

Was  adojoted. 

By  Mr.  Blandin: 

Article  80,  majority  report,  reading  as 
follows  : 

Aet.  82.  No  duties  or  functions  shall 
ever  be  attached,  by  law,  to  the  Supreme 
or  district  courts  or  the "  several  judges 
thereof,  but  such  as  are  judicial;  and  the 
said  judges  are  prohibited  from  recei^dng 
any  fees  of  office,  or  other  compensation 
than  their  salaries,  for  any  official  duties 
performed  by  them. 

Which  was  adopted. 

Mr.  Packard  moved  to  amend  article  81, 
majority  report,  by  striking  out  the  lasfc 
thi'ee  lines  in  the  article,  and  inserting- 
"the  clerks  of  inferior  courts  shall  be 
elected  by  the  qualified  electors  of  their  re- 
spective districts,  and  shall  hold  their 
offices  for  the  term  of  four  years." 

And  to  adopt  as  amended. 

Pending  the  discussion  of  the  amend- 
ment, Mr.  Waples  having  the  floor,  yield- 
ed it  to  Mr.  Ludehng  for  a  motion  to  ad- 
journ, Vtith  the  consent  of  the  Convention 
that  he  should  be  entitled  to  the  floor  uj^on 
the  resumption  of  the  unfinished  business 
of  the  day. 

,    And  on  motion  of  Mr.  Ludehngj  the  Con- 


158 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


vention  adjourned  until  to-morrow  at  11 

A.  M. 

A  true  copy: 

VVM.  VIGEES,  Secretaiy, 

EOETIETH  DAY. 

New  Oeleans,  Thursday,  Jan.  1(3,  1868. 

The  Convention  met  pursuant  to  adjourn- 
H'lent,  and  was  called  to  order  by  the  Presi- 
dent. 

The  roU  was  called  and  the  following 
members  answered  to  their  names: 

J,  Gr.  Taliaferro,  President;  Messrs.  An- 
toine,  Baker,  Barrett,  Blandin,  Bonseigneur, 
Bonnefoi,  Brown,  Burrel,  Cooley,  Crane, 
Crawford,  Cromwell,  Cuney,  Bearing,  Dema- 
rest,  Depasseau,  P.  G.  Deslonde,  Donato, 
G.  I)uj)arte,  U.  Dupart,  Duplessis,  Edward, 
Esnard,  Francois,  Fuller,  Ferguson,  Gaii*, 
Gardiner,  Guichard,  Harper,  Harris,  Hemp- 
stead, Hiestand,  T.  Isabelle,  Jones,  Kelso, 
Lange,  Leroy,  J.  B.  Lewis,  E.  Lewis, 
Lynch,  Marie,  Martin,  Massicot,  Mead- 
ows, McLeran,  Morris,  Moses,  Murrel, 
Myers,  Newsham,  Oliver,  Packard,  Pierce, 
Pinchback,  Poindexter,  Pollard,  Eeagan, 
Eeese,  Eiard,  Eiggs,  Eoberts,  Rodriguez, 
Schwab,  Snaer,  Scott,  Snider,  Thibaut,  Tin- 
chant,  Undervv^ood,  Yalfroit,  Vandergriff, 
Vidal,  Y^^aples,  Williams,  Wilson  —  77 
members  present. 

Prayer  by  Eev.  Jos.  Fisk. 

The  minutes  were  read  and  amended  by 
the  mention  of  a  motion  by  Mr.  Tinchant, 
and  adopted. 

OKIGINAL  EESOLUTIONS. 

By  Mr.  Marie: 

Yy"HEEBAS,  A  great  number  of  aged  and 
infirm  iDersons  of  both  races  are  complete- 
ly destitute  of  means  of  support;  therefore, 
be  it 

Resolved,  That  the  General  Assembly  at 
its  first  session  after  the  adoption  of  this 
Constitution,  shall,  by  law,  provide  for  the 
establishment,  in  each  senatorial  district  of 
the  State,  of  a  place  wherein  shall  be  ad- 
mitted and  entertained  all  such  aged  and  in- 
firm persons,  without  distinction  of  race, 
(Color  or  previous  condition. 

Lies  over. 

By  Mr.  Valfroit: 

Whekeas,  There  is  a  great  suffering 
among  one  part  of  the  people  of  our  State, 
almost  alarming;  therefore,  be  it 

Resolved,  That  the  General  Assembly,  at 
its  first  session,  shall  have  the  power  to 
no^ake  such  laws  providing  a  homestead  for 
-their  relief.  They  shall  establish  at  least 
one  in  every  parish  in  the  State,  for  the 


term  of  four  years,  %vithout  distinction 
race,  color  or  previous   condition.  U 
Lies  over.  9 

KBPOETS  OF  STANDING  COMMITTEES.  1 

The  Committee  on  Printing— No  repo] 
The  Committee  on  Contingent  Exp ens< 

No  report.  ; 
The    Committee    on  Enrollment — Pi 

gress. 

SPECIAL  COMIVUTTEE's  EEPOKT. 

The  special  committee,  through  its  cha 
man,  Mr.  Waples,  reported  progress. 

Mr.  Pinchback  called  up  his  resolutic 
lying  over  from  January  15th,  and  raov 
to  adopt. 

Resolved,  That  the  rules  governing  tl 
Convention  be  so  altered  as  to  have  t 
sessions  daily,  morning  session,  to  co: 
mence  at  11  o'clock,  and  evening  session 
6  o'clock. 

Mr.  Cooley  moved  to  lay  on  the  table. 

Mr.  Pinchback  called  for  the  ayes  a 
nays,  which  were  ordered. 

The  motion  to  table  was  lost — ayes  5 
nays  48 — as  foUows  : 

Ayes :  Cooley,  Crane,  Cromwell,  De 
ing,  Demarest,  Depasseau,  Donato,  I 
ward,  Francois,  Gardiner,  Harris,  Ing 
ham,  Landers,  Martin,  Morris,  Murr 
Myers,  Newsham,  Pierce,  Poindext 
Eiard,  Eiggs,  Eoberts,  Schwab,  Sna 
Scott,  Steele,  Vandergriff— 28. 

Nays  :  Antoine,  Baker,  Barrett,  Bert^ 
neau,  Blandin,  Bonseigneur,  Bonnef 
Brown,  Burrel,  Crawford,  Cuney,  D 
londe  P.  G. ,  Duparte  G. ,  Dupart  IJ. ,  I 
plessis,  Esnard,  Gair,  Guioiiard,  Harp 
Hiestand,  Isabelle  E.  H.,  Isabelle  The 
Kelso,  Lange,  IaQyoj,  Lewis  J.  B. ,  Le"' 
E.,  Ludeling,  Lynch,  Massicot,  Meado' 
McLeran,  Moses,  Oliver,  Packard,  Piu' 
back,  PolJard,  Eeagan,  Eeese,  Eodrigu 
Snider,  Thibaut.  Tinchant,  Valfroit,  "V 
pies,  Wickliffe,  Williams,  Wilson— 48.  I 

The  resolution  was  put  to  a  vote,  and 
declared  to  be  adopted.  \ 

UNFINISHED  BUSINESS. 

The  amendment  of  Mr.  Packard  to  arti  : 
81,  majority  report,  being  in  order 

Mr.  Brown  moved  to  amend  by  snbj  J. 
tuting  article  91,  minority  report. 

Mr.  Crane  raised  the  point  of  order  t3  | 

the  amendment  was  not  in  order.  |, 

The  Chair  so  ruled. 

Mr.  Brown  appealed.  r 

The  Chair  was  not  sustained.  % 

The  previous  question  was  ordered.  ^ 


JOUEI^AL  OF  THE  CONSTITUTIONAL  COOTENTION. 


159 


Mr,  Cooley  called  for  a  divisiou  of  tlie 
estion. 

The  amendment  was  adopted — ayes  49, 
ys  20 — as  follows : 

Yeas  :   Bertonneau,     Blandin,  Bonsei- 
lenr,  Eonnefoi,  Brown,  Biirrel,  Cooley, 
ane,  P.  G.  Deslonde,  Donato,  G-.  Du- 
te,    U.    Dupart,     Duplessis,    Esnard,  | 
ancois,    Gardiner,    Giiichard,    Harper,  ; 
irris,  Ingraham,  R,  H.  Isabelle,  Jones,  \ 
Iso,   Lange,    Leroy,    Richard  Lems, 
irie,  Martm,  Meadows,  Morris, '  Moses, 
arrel,  Mushaway,  Myers,  Oliver,  Pack- 
i,  Pierce,  Poindexter^  Pollard,  Reagan, 
ard,  Riggs,  Roberts,  Rodriguez,  Schwab, 
ott,  Thibaut,  Underwood,  Valfroit,  Yi- 
l,  Wickuffe,  Williams — 49  ayes. 
N'ays  :   Antoine,  Baker,  Barrett,  Craw- 
d,  Demarest,  Ferguson,  Gair,  Thomas 
belle,    Landers,    Ludeling,  McLeran, 
MiUen,    Pinchback,     Reese,  Snider, 
ele,    Tinchant,  Twitchell,  Vandergriif, 
ipies — 20  nays. 

Mr.  Cooley  moved  to  reconsider  the  vote 
taken. 

Mr.  Beans,  of  the  Mississippi  Constitu- 

nal  Convention,  was  introduced  and  in- 

ed  to  a  seat  on  the  platform. 

Mr.  Belden  was  called  to  the  chair. 

Mr.  Rodriguez  moved  to  lay  the  motion 

reconsider  on  the  table. 

iOSt. 

lyes  13,  nays  64,  as  follows : 
Vyes  :  Brown,  P.  G.  Deslonde,  G.  Bu- 
te, Francois,  Harper,  R.  H.  Isabelle, 
nge,  MuiTel,  Pierce,  Riggs,  Roberts, 
driguez,  Williams — 13  ayes, 
says:  Antoine,  Baker,  Barrett,  Belden, 
L'tonneau,  Blandin,  Bonseigneur,  Bonne- 
Burrel,  Cooley,  Crane,  Crawford,  Cu- 
Demarest,  Donato,  U.  Dupart,  Du- 
ssis,  Edv/ard,  Esnard,  Fuller,  Fergu- 
Gair,  Gardiner,  Guichard,  Harris, 
mpstead,  Hiestand,  Ingraham,  Thomas 
belle,  Kelso,  Landers,  Leroy,  J.  B. 
wis,  R,  Lewis,  Ludeling,  Lynch,  Marie, 
ssicot,  Meadows,  McLeran,  McMillen, 
'ses,  Mushaway,  Myers,  Oliver,  Packard, 
ichback,  Poindexter,  Pollard,  Reagan, 
38e,  Riard,  Schwab,  Snaer,  Scott,  Steele, 
ichant,  Twitchell,  Underwood,  Valfroit, 
ndergriff,  Waples,  Wickliffe,  Wilson — 
nays. 

he  motion  to  reconsider  prevailed. 
iT.  Wickliffe  moved  to  amend  article  91, 
lority  report,  by  substituting: 
?he  clerks  of   district  courts   shall  be 
3ted  by  the  registered  electors  of  their 
pective  districts  ;  they  shall  receive  such 


salary  as  may  be  fixed  by  lav>^,  and  shall 
hold  their  offices  for  four  years. 

Which  the  Chair  decided  not  in  order. 

Mr.  McMillen  moved  to  indefinitely 
X^ostpone  article  91. 

Lost. 

Mr.  Cooley  having  the  floor,  yielded  it  to 
Mr.  C  rane  for  a  motion  to  adjourn,  with 
the  consent  of  the  House  that  he  should  re- 
sume it  in  the  mornino-. 

Mr.  Crane  moved  to  adjourn  till  to-mor- 
row, at  11  o'clock. 

Mr.  Pinchback  raised  the  point  of  order 
that  under  the  rule  adopted  this  morning, 
the  motion  was  not  in  order. 

The  Chair  so  ruled. 

Mi\  McMillen  appealed. 

The  Chair  was  not  sustained. 

And  the  Convention  adjourned  until  to- 
morrow at  11  o'clock  A.  M. 

A  true  CQ-pj: 

WM.  ^TiGERS,  Secretary, 

FORTY-FIRST  DAY. 
New  Oelsans,  Friday,  Jan.  17,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  11  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names : 

J.  G-.  Taliaferro,  President;  Messrs.  Ba- 
ker, Barrett,  Bertonneau,  Blandin,  Bon- 
seigneur, Bonnefoi,  Brown,  Burrel,  Butler, 
Cooley,  Crane,  Crawford,  Cromwell,  Guney, 
Dearing,  Demarest,  Depasseau,  P.  G.  Des- 
londe, Donato,  Douglass,  G.  Duparte,U. Du- 
part, Duplessis,  Edward,  Esnard,  Francois, 
Fuller,.  Ferguson,  Gair,  Gardiner,  Gui- 
chard, Harper,  Harris,  Hempstead,  Hies- 
tand, Ingraham,  R.  H.  Isabelle,  Thos.  Isa- 
belle, Jones,  Kelso,  Landers,  Lange,  J.  B. 
Lewis,  Richard  Lewis,  Lynch,  Martin, 
Massicot,  Meadows,  McLeran,  McMillen, 
Morris,  Moses,  Murrel,  Mushaway,  Oliver, 
Packard,  Pierce,  Pinehback,  Poindexter, 
Pollai'd,  Reagan,  Reese,  Riai'd,  Riggs, 
Roberts,  Rodriguez.  Snaer,  Scott,  Snider, 
Steele,  Thibaut,  Twitchell,  Underwood, 
Valfroit,  Vandergriff,  Waples,  Wickliffe, 
Williams,  Wilson — 83  members  present. 

The  minutes  were  read  and  adopted. 

EEPOETS  or  STA2TDING  COMJUTTEES. 

Committee  on  Printing — No  reports 
Committee  on  Executive — No  report. 
Committee  on  Enrollment — No  report. 


160 


JOUENAL  OF  THE  CONSTITUTIONALi  CONTENTION. 


SPECIAL  COMMITTEE. 

Mr.  Waj)les,  chairman  Special  Committee, 
submitted  the  following  Tejiort : 

"We  the  nndersigned,  appointed  to  ex- 
amine the  rej)ort  of  the  Committee  on  Con- 
tingent Expenses,  respectfully  submit  the 
following  report : 

The  bills  for  stationery  are,  upon  an 
average  of  the  prices  cliarged,  more  than 
fifty  per  cent,  above  the  usual  retail  prices. 
Many  of  the  items  are  charged  nearly  one 
hundred  -pev  cent,  above  the  usual  rates. 
Paper,  both  blue-ruled  cap,  and  legal  cap, 
can  be  bought  at  six  dollars  per  ream  ;  but 
the  price  charged  in  the  bill  of  J.  W.  Mad- 
den, is  eight,  and  that  in  the  bills  of 
B.  Bloomfield  &  Co.  is  ten  dollars  per 
ream.  For  a  coi3y  of  W orcester's  Dictiona- 
ry, unabridged,  twenty  dollars  is  charged 
by  the  firm  above  mentioned,  while  the 
price  in  their  store  is  twelve  dollars,  and  in 
some  other  bookstores,  it  is  eleven  dollars  per 
copy.  These  facts  have  been  ascertained 
of  several  stationers,  obliging  your  com- 
mittee to  re]3ort  that  the  bills  of  B.  Bloom- 
field  &  Co.  are  not  according  to  the  usual 
retail  prices,  the  testimony  of  Mr.  Bloom- 
field  to  the  contrary  notwithstanding. 

We  call  attention  to  the  fact  that  .^1  50 
per  copy,  for  125  copies  of  the  Constitution 
of  1864,  jninted  in  pamphlet  in  1866,  have 
been  cliarged  against  the  Convention,  by 
Bloomfield  &  Co.,  while  Mr.  Bloomfield,  in 
his  own  testimony,  proves  that  it  could 
have  been  i3rinted  to  order,  in  the  same 
style,  for  very  much  less  ;  that  while 
."^187  50  are  charged  for  it,  it  could  have 
been  jprinted  to  order  for  ^112.  It  would 
be  too  tedious  to  enumerate  all  the  over- 
charges. We  report  generally,  on  the  sub- 
ject of  stationery, 

1st.  That  the  charges  are  at  least  fifty 
per  cent,  over  the  usual  retail  rates; 

2d.  That  most  of  the  articles  are  alto- 
gether unnecessary ; 

3d.  That  none  of  the  stationery  fur- 
nished has  ever  been  ordered  by  the  Con- 
vention; 

4tli.  That  it  is  not  certain  whether  all  the 
goods  have  ever  been  received  by  the  Con- 
vention : 

In  this  connection  we  call  attention  to 
the  testimony  of  the  Sergeant-at-Arms, 
and  B.  Bloomfield. 

The  charge  of  .^122  25  for  furnishing 
and  fixing  locks  is  reported  back  without 
comment,  as  we  have  not  been  able  to  as- 
certain wiiat  number  of  locks  have  been 
fixed  or  furnished. 

The  biU  for  printing  should  be  reduced 
$434,  according  to  the  testimony  of  J.  B. 
Boudanez,  owing  to  the  fact  that  the  pages 
are  not  so  vride  as  required  by  the  Conven- 


tion. Whether  a  further  reduction  shou  i 
be  made,  on  the  gTouud  that  the  pages  a: 
not  so  long  as  requii-ed,  depends  upon  tl 
meaning  of  the  Convention,  in  fixing  tl  f 
rates.  If  the  Convention  meant  95  en 
long,  when  saying  95  lines,  the  pages  a: 
of  the  required  length;  but  if  the  mcciuir 
was  95  printed  lines,  (not  counting  tl 
leaded  lines),  and  36  ems  wide,  thei 
should  be  a  further  deduction  of  $606,  a 
cording  to  the  measurement  and  calcul 
tion  of  the  Committee  on  Printing,  sigm 
by  the  chairman,  and  furnished  to  us  \ 
their  Secretary.  If,  however,  the  Conve] 
tion  meant  to  require  95  printed  lines  p* 
page,  the  deduction  suggested  bythe  Con 
mittee  on  Printing  is  not  enough  by  nea 
ly  33  per  cent.  We  respectfully  refer  ' 
the  statement  of  the  Printing  Committe 
and  to  the  testimony  of  Messrs.  Hinto: 
Vv'alker,  Laizer  and  Stephens  upon  th 
point. 

Your  committee  recommend  the  adoi)tici 
of  the  following  resolutions : 

Resolved,  That  the  bill  of  J.  W.  Madde 
and  those  of  B.  Blocmfield  &  Co.  ha^ 
never  been  ordered  by  the  Convention,  ar 
ought  not  to  be  allowed;  and,  in  consider 
tion  of  the  extortionate  charges  made,  pa 
ticularly  in  the  bills  of  B.  Bloomfield 
Co.,  the  Convention  will  not  pay  for  j 
much  of  the  articles  as  have  been  used,  m 
less  a  deduction  of  fifty  per  cent,  shall  \ 
agreed  upon. 

Resolved,  That  the  deduction  of  ^434  I 
made  from  the  bill  for  printing;  and  tli! 
no  further  action  be  taken  upon  the  sai 
bill  until  the  Convention  shall  have  decide 
whether  the  phrase,  "95  lines  in  length,"  : 
to  be  understood  as  95  ems  or  95  printe 
I  lines. 

Resolved,  That  the  extravagant  expens( 
of  the  Convention  contribute  greatly  t( 
wards  the  unpopularity  of  the  tax  fixed  t 
meet  its  necessary  expenses,  and  render  i1 
collection  more  difficult  than  it  woul 
otherwise  have  been. 

RuEus  Waples,  Chairman; 

Hekry  Bonseigneub, 

John  Lynch, 

Aknold  Bektonneau. 

New  Oeleans,  January  14,  1 868. 

FIBST  DAY— investigation  OF   THE  COilMH 
TEE  ON  CONTINGENT  EXPENSES. 

The  committee  appointed  to  examii:e  th 
report  of  the  Committee  on  Continger 
Expenses,  and  to  send  for  persons  and  ps 
pers,  met  at  the  room  of  the  Committe 
on  Contingent  Expenses,  at  9  o'clock,  Jar 
uary  14,  1868. 

Present:  B.  Waples,  chairman,  and  A 
Bertonneau,  Hy.  Bonseigneur,  Joim  Lynci 
W.  Jasper  Blackburn. 


JOUEXAL  OF  THE  CONSTITUTIONAL  CON'^^ENTION. 


1€2 


J.  B.  Roudanez,  caUed  : 


There 


rule  fixed  re^Tilating  tlie 


ice  of  roll-call,  S25  considered  reason- 
ible. 

Pailes  and  regulations  charged  according 
the  rate  fixed  by  the  Convention,  So  per 
age.  The  price  of  ?80  is  considered  reason- 
ble  for  1000  warrants  prir.ted.  All  the  other 
terns  are  in  accordance  Avith  the  rate  fixed 
>y  the  Convention,  ■\\ith  the  exception : 
hat  the  pages  are  not  so  wide,  owing 
the  fact  that  the  forms  were  set  n^^ 
)efore  the  rates  were  adopted,  but  I  am 
iUing  to  deduct  the  diiierence,  which 
,nll  be  24:0  ems  for  every  3  pages, 
aalving  54:  pages,  and  1980  ems  to  be 
educted  from  so  much  of  the  biU  as  is 
harged  accoi'ding  to  the  foolscap  pages, 
his  would  make  a  deduction  of  80  ems  per 
age  as  iDrinted,  although  the  bill  does  not 
how  this,  yet  I  had  intended  to  make  the 
eduction  upon  settlement.  Avliich  will  be  a 
eduction  on  the  bill  of  8131:.  Wherever  I 
ave  spoken  of  charges  made  by  myself  I 
J.  lean  my  firm,  J.  B.  Roudanez  Co. 

J.  B.  Roudanez, 

Mr,  B.  Bloomfield,  called: 
The  items  charged  according  to  the 
gidar  retailed  prices,  Worcester  Diction- 
y,  unabridged.  S20.  according  to  usual 
3tail  inice.  Some  of  the  orders  were  sent 
y  the  Secretary,  Sergeant-at-Arms  and 
ontingent  Expenses  Committee,  All  ac- 
Drding  to  retail  prices.  Our  price  for 
rinting  lawyers"  briefs  is  81  50  per  page. 
Qd  usually  furnish  25  copies,  Avhich  ^nll 
lake  a  brief,  25  copies,  20  pages  each. 
)me  to  830.  Being  shown  a  copy  of  the 
onstitution  of  1861,  says  :  that  a  lavryers' 
rief  printed  in  that  kind  of  type  and  that 
iiantity  per  page,  would  be  worth  about 
2  per  page,  and  it  being  il  pages,  25 
Spies  would  come  to  about  882,  820 
ould  be  sufficient  for  an  additional  print- 
i  100  copies,  making  8102.  Upon  further 
Dusideration  I  think  it  is  worth  810  more. 
aking$112.  Most  of  the  bill  of  Decem- 
ar  4,  1867,  I  furnished  myself,  \\ithout 
I'der.  obOO  official  envelopes  should  be 
larged  in  i^lace  of  5  dozen  as  reported  on 
11,  6tli  item,  of  December  4, 

B.  Bloomfield. 


New  Orleans,  January  15,  1868. 

ICONT)   DAY — INVESTIGATION    OF    THE  COM- 
MITTEE ON  CONTINCiENT  EXPENSES. 

Mr.  Berhel  called: 

lam  Sergeant-at-Arms  of  the  Conven- 
m.    I  can  say  positively  that  I  did  not 
it  the  goods  named  in  the  bill  of  J.  W. 
adden,  December  4,  186 
low  Avliether  the 


or  not.  Part  of  articles  enumer;.lf  1 
in  the  first  bill  of  Bloomfield,  dated  De- 
cember 4,  1867,  were  received  and  cjuxiq 
into  my  xDossession,  but  I  cannot  state  SL?ito> 
all.  The  articles  delivered  were  receivtd/ 
before  the  4tli  December,  so  far  as  ttej 
were  received  at  all,  but  I  do  not  kii'^ovv 
whether  they  were  received  or  not.  As  to 
the  other's  bills,  I  cannot  state  whether 
all  the  artic-les  were  received  or  not, 
some  were  d  divered  to  the  different  com- 
mittees, 

I  will  furnish  a  statement  from  my  .^wc- 
C(3unts  of  all  furtlier  facts  liearing  on  Uie^ 
subject,  so  far  as  I  can  ascertain. 

L,  Berhel,  ^Sergeant-at-Arm?j.. 

New  Orleans,  January  16,  1S<:6>. 

THIRD  DAY — INVESTIGATION  OF  THE  COrivl'T- 
OrENT  EXRENSES  COMMITTEE. 

Mr,  I.  T.  Hinton  called: 

I  am  a  i^ractical  i^rinter.  Being  sLcv,i¥i 
the  majority  report  of  the  Committee  cw 
Draft,  he  says:  that  the  pages  are  too  nar- 
row by  14  ems,  according  to  tlie  rate  Hxetll 
by  the  Convention  as  now  shown  to 
The  pages  measured  100  ems  in  lengtii,  T. 
should  understand  that  the  resolution  L.r  ^  -  nt 
95  printed  lines  per  page.  As  far  as  i^.y  ok- 
perience  goes,  x^i'iiiting  oi  this  kind  i>i 
always  leaded.  Each  one  of  these  poij--;^. 
is  a  pa^'e  Avhether  leaded  or  solid, 

1.   T.  HiNTCTL 

Mr,  John  S.  Walker: 

I  corroborate  the  above  statemoiit.  antll 
always  have  seen  bills  printed  in  the  sty}*:)  of 
which  I  have  been  shown  a  copy.  05  lin<?«; 
bourgeois  could  be  put  upon  a  page  of  Iho- 
size  of  the  report  on  the  Committee  rrt- 
Draft  if  set  sohd;  but  it  is  never  usual  ia> 
set  them  solid  when  printing  legislaij^o- 
bills  or  similar  documents.  The  report  v.t 
the  Committee  on  Draft  is  print-ed  in  long- 
primer  type.  It  would  take  about  tv/ic€> 
the  width  of  a  page  to  make  36  ems  in  Jcug 
primer.  I  allude  to  the  pages  of  tlie  ic>i\  - 
,  jority  Committee  on  Draft,  The  type,  thD 
:  width  of  the  page  and  the  length  of  i.lia 
I  page  are  in  the  usual  style  of  legislative 
i  IdHIs.  I  aUude  to  the  report  as  above. 
1  Jno.  S.  Walkeir. 


We  concur 
Walker. 


in  the  statement  of  Ms? 

J.  C.  Laizep,, 
J.  E.  Stephens. 


In  accordance  with  the  request  of  iseveraJ 
members  of  the  Convention,  your  C-om- 
'r  4,  1867.    But  I  do  not  i  niittee  on  Printing  have  the  honor  to 
committee  received  them  1  report  the  following  as  ■     -igiijit':!  to 


162 


JOirENiiLL  OF  THE  COX8TITUTIONAL  CONVENTION. 


bo  ullovvcd  the  Otticiul  Printer  for  printing) 

{\i>.\U:-  Icr  account  < i'  this  Convention  :  ; 

mo  copies     roll-cv(lls  $  25  | 

200  co|)i<'s  nijos  :uul  regulations..  65] 

100  C'opics  1>ill  on  levee  bonds....  8i 

'iOO  copic:^  hill  on  militia   8 

1«J)00  warr;.nts   80: 

100  copies  1)111  of  riglits,  majority.  .  24  \ 

100  c(_>i)i('s niiiv)ritv    8 

260co]'>i(  s  ]n..blic  vVorks   8| 

200  ( n  port  (.)f  Cciiiiiiittco  on  ! 

t"in;M,:-r   8* 


Printing: 
20(J  copies 

Jiidi(/iar- 
SOO  eopi.  s 

mil i IT 
200  copic.^ 

mictec  oi 


report  of  {'oTumittcc  on 

ivpi'L'i  (tf  Cdiiiijiittei,' on 

report  of  majority  Coni- 

11  I'diication  

!■'  port  of  minority  Coni- 
1  Education  


2 

5 
15 
1 
1 

5 
1 


4: 

4 
15 
1 


Newspaper  Files, 

Bcissors, 

Balls  of  Twine, 

Paper  Weight, 

Gross  Penholders, 

Boxes  Pens. 

Beam  Envelope  Paper. 

Enrolling  Paper, 

Bottles  Carmine  Ink, 

Euljbers, 

Board  Cards, 

Dozen  Lead  Pencils. 


16 


L.  Beeiiel 
Sergeant-at-Anii^, 
and  200  copies 
the  pages  to  be 
,  and  36  ems  wide; 


16 

81 

8^ 


200  copies  Tiijcliiiirt's  resolution.  .  . 

150  copies  Pinch  l.)ac]<  ex.  militia.. 

200  coxnes  majority  report  on  gen- 
eral '  provisions   82 

200  copies  minority  re])ort  on  gen- 
eral 2^^"t>'^'i''^i<-'iis   21 

1000  copies  ex.  warrants   80 

200  copies  repojt  of  C(3mmittee  on 

Legislature   18 

1.50  copies   Jones'  resolution  on 

railroads   8 

2,-00  copies  of  I'oport  on  schedule 

and  oi'dinances   16 

t»(H)  copies  of  majority  report  on 

draft  of  C(mstitution   1:(X) 

500  copies  oi  minority  report  on 

draft  of  C'onstitution   160 

2(M)  copies  (.!o].iimittee  on  Executive  82 

For  publication  of  20  davs  official 

printing  '   1,792 


ill 


Makiii;;-  a  sum  total  of. 


^8,122 


Tlie  abo  v(^  amounts  are  based  on  the  | 
rates  and  mejisnres  fixed  by  the  ordinance! 
relative  to  ])riiitin.!:>'.  |)i'^'^-'^t'^l  ^^J  'this  Con- j 
YCRtion,  ]  >i.  i'eiuber  17.  1867. 

V\l  .LvspEi;  BLAc;xBUJiN, 
C'liairioan  C(mimittee  on  Printing. 

I  cerHfy  th:\t  this  is  a  correct  copy  of  the 
prices  a-ri.iMl  on   by  the   Committee  on' 
.Printing.  Geo.  W.  ]\L\dei;,  | 

Clerk  of  Committee.  \ 

■  I  have  tlie  following  on  hand: 


Beams  Congi'ess  Cap, 
Beams  Letter, 
Beam  Legal. 
Boxes  Large  Eiiv*^lo])v-- 
Boxes  Letter  Euyelope; 
Bottles  of  Ink, 
Cheek  Cutters, 


Yriiich  was  received 
dered  to  be  x^rinted, 
printed  lines  in  length 

UNFINISHED  BUSINESS 

The  amendment  of  Mr.  Brown  to  arti 
81,  majorit}^  report,  being  under  consid 
ation. 

Mr.  MciSIillen  was  called  to  the  chair 
Mr.  Pinchback  moved  to  lay  the  amei 
ment  of  Mr.  Brown  on  the  t^ible 

Adopted — ayes  46,  nays  41 — as  follows 
Yeas:  Antoine,  Baker,  Barrett,  Beld 
Bertonneau,  Blackburn,  Blandin,  Bone 
gneur,  Bonnefoi,  Barrel,  Cooley,  Crawfo 
Dearing,  Damarest,  Douglass,  Dupl 
Edward,  Fuller,  Ferguson,  Gair,  Harl 
Hempstead,  Hiestand,  Lrgraliam,  T. 
belle,  Kelso,  Landers,  J.  B.  Lewis,  K.  L 
is,  Ludeling,  Massicot,  McLeran,  McM 
Newsham,  Oliver,  Packard,  Pinchb; 
Beese,  Snider,  Steele,  Tinchant,  Twitch 
Underwood,  Yandergriff,  Waples,  Wilson- 
16  ayes. 

Xay.s:  Brown,  Butler,  Crane,  Cromwel 
Depasseiui.  P.  G.  Deslonde,  Donato,  ( 
Duiiarte,  U.  Dnpart,  Francois,  Gardine 
Guichard,  Harper,  E.  H.  Isabelle,  Jonc 
Lange,  Leroy,  IMarie,  Meadows,  Morri 
Moses,  Murrel,  Mushaway,  Myers,  Pierc 
Poindexter,  Pollard,  Beagan,  Biard,  Bigg 
Boberts,  Bodriguez,  Schwab,  Smith,  Scot 
Thibant,  Y^alfroit,  Vidal.  Wiclllifle,  Wi 
liams — 41  nays. 

The  question  recurring  upon  Mr.  Pac' 
ard' s  amen  dment. 

Mr.  Cooley  moved  to  amend  it  by  su 
stituling: 

In  the  parish  of  Orleans  the  Crimin 
Court  shall  have  exclusive  original  jurisdi 
tion  in  criminal  cases;  the  Probate  Cou. 
shall  have  exclusive  original  jurisdiction 
probate  matters;  the  Court  of  Appeals  fro 
justices  of  the  peace  shall  have  appel]^ 
jurisdiction  of  appeals  from  justices  of 
peace;  the  other  district  courts  shall  ] 


JOUEXAL  OF  THE  COXSTITrTIOX.lL  COyYENTION. 


163 


•iginal  jurisdiction  in  all  civil  cases,  probate 
tses  excepted. 

Mr.  Waples  moved  to  lay  the  amendment 
Mr.  Cooley  on  the  table. 
Adopted. 

Mr.  Waples  moved  to  lay  the  amendment 
Mr.  Packard  on  the  table. 
Lost — ayes  11,  nays  67 — -as  follows: 
Yeas:  Barrett,  Crav>-ford,  Dearing,  De- 
arest, Fuller.  Ferguson.  J.  B.  Levds. 
aider,  Steele,  Waiies,  Y>'icldifte— 11. 
Nays:  C.  C.  Antoine,  Baker,  Belden, 
ertonneau,  Blackbiu-n,  Blandin,  Bonsei- 
leur,  Bonnefoi,  Brown,  Burrel,  Butler, 
ane,  Cromwell,  P.  G.  Deslonde,  Donato. 
ouglass,  G.  Duparte,  U.  Dupart,  Duj^les- 
Esnard,  Francois,  Gair,  Gardiner.  Gui- 
lard,  Harper.  Hempstead.  Hiestand.  In- 
aham,  R.  H.  Isabelle,  Thos.  Lsabelle, 
elso,  Lange,  Leroy,  Le^^is,  Richards, 
rederick  Marie,  Massicot,  Meadov%-s,  Mc- 
eran,  McMillen,  3Iorris,  Moses,  Murrel, 
ushaway.  Myers.  Xewsham,  J.  C.  Oliver, 
ickard,  Pierce,  Pinchback,  Poindexter, 
ollard,  Reagan,  Reese,  Riard,  Riggs, 
odriguez.  Schwab,  Smith,  Scott,  Thibaut, 
iwitchell,  Underv.-ood,  Yalfroit,  Yander- 
iff,  Yidal,  Y'ilHams,  Henderson,  Wilson — 
nays. 

Mr.  Wickliffe  moved  to  amend  by  strik- 
out  ''inferior''  and  inserting  -"dis- 
ict." 
Adopted. 

Mr,  Packard's  amendment,  as  amend- 
l,  was  adopted. 

The  question  recurring  upon  article  81. 
amended. 

Mr.  Crane  moved  to  amend  by  striking- 
it  in  article  SI.  after  the  word  "for,""  in 
ird  line,  to  the  W'tJ  ••  Sruate.""  in  th 
■ghth  line,  and  inserting  ••four  years,  and 
r  each  district  court,  one  Judge,  learned 

law,  shall  be  elected  by  and  for  their 
speetive  districts  by  a  plurality  of  the 
lalified  electors  for  members  of  the  Gen- 
ai  Assembly,    at  the   election  thereof? 

xt  i^receding  the  expiration  of  the  terms 

the  Judges,  respectively.'' 
The  Chair  decide<:l  the  amendment  to  be 
it  of  order. 
Mr.  Crane  appealed. 

Pending  the  decision  of  which,  the  Con- 

ntion  took  a  recess  till  6  f.  m. 

Mr.  Crane  having  the  floor. 

At  the  expiration  of  the  recess  the  Con- 

iMon  reassembled,  and  tiiere  being  no 


quoimm,  adjomned   till  to-moiTow  at  H 

A-  M. 

A  true  copv: 

"WM.  YIGERS,  Secretary. 

FORTY-SECOXD  DAY. 

Xew  Oeleans,  Saturday.  Jan.  18,  1868- 

The  Convention  rn^'t  pursuant  to  ad- 
journment, and  was  callv  d  to  order  by  tha 
President  at  11  a.  m. 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

President  J.  G.  Taliaferro.  Messrs.  Ba- 
ker. Barrett,  Belden.  Berionneau.  Black- 
burn. Blandin.  Brown.  Burrel,  Butler, 
Cooley.  Crajif-.  Cromwell,  Dearing,  De- 
marest.  i;ei)i.<>e;;u.  P.  G.  Deslonde,  Do- 
nato. Douglass.  G.  Dupio'tr.  I".  Dupart, 
Duplessis.  Edward,  Esnard.  Francois,  Fnl* 
ler.  Ferguson.  Gair.  ( r:;r'liiier,  Guichard, 
H;irper.  Harris,  Heinj  i  n  :al.  Hiestand, 
Ingraham,  R.  H.  Isabeile,  Thomas  Isa- 
belle; Jone.s,  Kelso,  Landers,  Lange,, 
Leroy,  J.  B.  Lewis,  R.  Lewis,  Meadows, 
Mcljeran.  McMillen,  Morris,  Moses,  Mnr- 
rel,  3Iusliaway,  Myers,  Xewsham,  Oliver, 
Packard,  Pierce,  Reag-an,  Reese,  Rigg^« 
Roberts,  Rodriguez,  Snaer,  Scott,  Snider, 
Steele,  Thibaut,  Twitehell,  LTnderwood, 
Yalfroit,  Yandergriff,  Yidal,  Wickliffe,  Wil-. 
liams,  Y^ilson. — 74  members  present. 

Prayer  by  the  Rev.  Jos.  Fisk. 

The  minutes  were  read  and  adopted. 

021ctINAL  SESOnUTIOXS. 

BvINlr.  McMillen: 

That  hereafter  the  regular  daii.5* 
-  -  .     -      -undays  excepted)  of  the  Con- 
veiiL.  'ii  -!udl  be  from  10  o'clock  a.  m.  to  i 
r.   ^i. .  unless  otherwise  ordered  by  a  ma- 
■I  the  member- 
I  .   ]^ie Milieu  nil  -  :-;'  nd  thd 

rules  to  place  the  vv>'amv>ii  en  its  iinal 
passage. 
Adopted. 

Mr.  Yidal  moved  to  amend  by  substitute 
iug  "3  p.  M."  for  •■i  p.  iL."' 
Laid  on  the  table. 

The  resolution  wa^i  adopted — ayes  74:, 
nay.x  1— as  follows  : 

}  Yea^s:  Antoine,  Barret,  Berr-onneau,  Blan- 
1  din,  Bonnefoi,  Burrel.  Butler,  Coolej, 
■  Crane,  Crawford,  Cromwell,  Cuner,  Dear- 
I  ing  Damarest,  Depasseau,  P.  G.  Deslonde, 
I  Donato,  Douglass.  G.  Duparte,  V.  Dnpart, 
i  Duplessis,  Edward.  Esnard,  Fuller,  Ferg-i- 
I  son,  Gair,  Gardiner,  Guiehard,  Harpta-, 
I  Harris.  Hempstead,  Hieatvind,  Ingrabitca, 
•  R.  H.  Isabelle,  Thw.  Isabelks  KehQ,  iiS^;;?.- 


JOUENAL  or  THE  CONSTITUTIONAL  CONVENTION. 


tiers,  Lange,  Leroy,  J.  B.  Lewis,  E.  Lewis, 
Ludeling,  Lynch,  Marie,  Massicot,  Mea- 
dows, McLei;in,  McMilleii,  Morris,  Yoses, 
Musliaway,  Myers,  Nev/sliam,  Oliver,  Pack- 
ard, Pierce,  Pincliback,  Pollard,  Eeagan, 
Koberts,  Eodriguez,  Siiaer,  Scott,  Snider, 
Steele,  Tliibant,  Twitcliell,  Underwood, 
Valfroit,  Yandergriff,  Waples,  Wickliffe, 
Williams,  Wilson — ayes  74. 

Nays:  Francois,  Murrel,  Eeese,  Eiggs — 
3iays  4. 

BEPOKTS  OF  STANDING  COMMITTEES. 

Committee  on  Printing — No  report. 
Committee  on  Enrollment — No  report. 
Committee  on  Contingent  Exi:>enses — No 
rexDort. 

SPECIAL  COMMITTEES. 

The  s^Decial  committee  appointed  to  con- 
fer with  the  authorities  in  reference  to  the 
Tax  Ordinance,  through  Mr.  McMillen,  its 
chairman,  reported  progress. 

The  sj)ecial  committee  aiDpointed  to  con- 
fer with  the  General  commanding,  with 
reference  to  the  i^ay  of  Commissioners  of 
Elections,  submitted  the  following  com- 
munication from  headquarters,  Fifth  Mili- 
tary District : 

Gentlemen — Major  General  Hancock  di- 
lects  me  to  say,  in  reference  to  the  matter 
of  the  i^ay  of  the  Commissioners  for  the 
late  elections  held  throughout  this  State, 
that  he  has  received  a  communication  on 
that  subject  from  Major  General  Sheridan, 
formerly  commanding  this  District  (to 
whom  he  referred  tlie  question,  with  a 
request  that  lie  ivouid  inform  him  as  to 
his  views  in  the  premises),  which  he  states 
that  it  was  his  intention  to  have  paid  the 
said  Commissioners  from  the  Eeconstruc- 
tion  fund. 

Gen.  Hancock,  therefore,  instructs  me  to  i 
state  that  he  v>'ill  direct  the  said  Commis- 
sioners to  ]3e  paid  out  of  the  Eecon- 
struction  fund,  upon  their  accounts  being 
properly  ajDproved  and  presented  at  this 
office. 

[Signed]  W.  G.  Mitchell, 

Secretary  Civil  Affairs, 

UNFINISHED  BUSINESS. 

The  appeal  of  Mr.  Crane  from  the  de- 
cision of  the  Chair  being  in  order,  the  de- 
cision of  the  Chair  was  reversed. 

Ayes  32,  nays  43,  as  follows : 

Yeas:  Antoine,  Barrett,  Belden,  Berton- 
seau,  Blandin,  Cooley,  Crawford,  Cuney, 
Bearing,  Demarest,  Douglass,  Duj^lessis, 
Edward,  Harris  Hempstead,  Hiestand,  Li- 
graham,  Kelso,  Landers,  J.  B.  Lewis,  Lu- 
4eliJig3  McLeran,  Pinchback^  Eeese,  Snaer,  I 


Snider,  Steele,  Tincliant,  Twitchell,  ^ 
derwood,  Vidal,  Waples — 32  yeas.  ' 

Nays  :  Bonnefoi,  Brown,  Burrel,  Bu 
Crane,  Depasseau,  P.  G.  Deslonde,  Doi 
G.  Duparte,  U.  Dupart,  Esnard,  Fran 
Gair,  Gardiner,  Harper,  E.  H.  Isal^ 
Lange,  Leroy,  E.  Lewis,  Marie,  Mead 
Morris,  Moses,  Murrel,  Mushaway,  M; 
Newsham,  Oliver,  Packard,  Pierce,  P( 
dexter.  Pollard,  Eeagan,  Eiggs,  Eodrigi 
Schwab,  Smith,  Scott,  Thibaut,  Yalfr 
Wickliffe,  Williams,  Wilson — 43  nays. 

The  question  recurring  upon  the  ame 
ment  of  Mr.  Crane,  it  was  adopted — a 
44,  nays  32 — as  follows: 

Ayes:  Bonnefoi,  Brown,  Butler,  Cra 
Cromwell,  Dei^asseau,  P.  G.  DesloL 
Donato,  G.  DuiDarte,  U.  Du^Dart,  Esnr 
Francois,  Gair,  Gardiner,  Harper,  E. 
Isabelle,  Lange,  Leroy,  Marie,  Meado 
Morris,  Moses,  Murrel,  Mushaway,'  My 
Newsham,  Pierce,  Poindexter,  Polh 
Eeagan,  Eiard,  Eiggs,  Eodriguez,  ScIitv 
Smith,  Snaer,  Scott,  Thibaut,  Tinchs 
Valfroit,  Yidal,  Wickliffe,  Wilhams,  AVils 
44  ayes. 

Nays:  Antoine,  Barrett,  Belden,  Bert 
neau,  Cooley,  Crawford,  Cuney,  Demai- 
Douglass,  Duplessis,  Ferguson,  Har 
Hempstead,  Hiestand,  Ingraham,  Ke 
Landers,  J.  B.  Lewis,  E.  Lewis,  Ludel 
McMillen,  McLeran,  Oliver,  S.  B.  Packj 
Pincliback,  Eeese,  Snider,  Steele,  Twitch 
Underwood,  Vanclergriff,  Waples — 32  m 
The  question  recurring  upon  the  ad 
tion  of  article  81,  majority  report, 
amended,  and  reading  as  follows: 

Aet.  83.  The  Legislature  shall  divide 
State  into  judicial  districts,  which  shall 
main  unchanged  for  four  years,  and  for  e 
district  court,  one  Judge,  learned  in  the  1 
shall  be  elected  by  and  for  their  respective 
tricts  by  a  plurality  of  the  qualified  elecl 
for  members  of  the  General  Assembly 
the  election  thereof  next  preceding  the 
l^iration  of  the  terms  of  the  said  Judges, 
spectively.  For  each  district  there  s: 
be  one  district  court,  except  in 
parish  of  Orleans,  in  which  the  Legislat 
may  establish  as  many  district  courts  as 
public  interest  may  require.  Until  other? 
provided,  there  shall  be  seven  district  coi 
for  the  parish  of  Orleans,  to  be  designa 
as  follows:  The  Criminal  Court,  the  I 
bate  Court,  the  Court  of  Appeals  fr 
Justices'  courts,  and  the  Fourth,  Fifth,  Si 
and  Seventh  District  Courts.  The  m 
ber  of  districts  shall  not  be  less  tl 
tw^elve  nor  more  than  twenty.  The  clerk 
the  district  courts  shall  be  elected  by^ 
i  qualified  electors  of  their  several  distri 
1  and  shall  hold  their  office  for  four  ye; 


JOURXAL  OF  THE  COXSTITUTIOXAL  COXYEXTIOX 

ayes  and  nays  were  ordered  and  the 
>  called. 

:e  conclusion  of  the  call,  and  before 
lit  was  announced,  on  motion  of  Mr. 

the  Sergeant-at-Arms  was  ordered 
Q-  in  absent  members,  pendino;  which 


be  held  on  the  same  day 
ratihoation  of  the  Consti: 
State  of  Louisiana. 

The  General  A-^>eml>ly.  i 
sion.  undnr  tins  Cunstirutioi 


i6(> 

as  that  of  tha 
ution  for  the 

t  its  first  ses- 
■hall  provide 


l(  c  Lions  under  th^ 


.ivention  adjoui'ned  until  3Ionday  at 

le  cox^y: 

"t^'M.  YIGEES,  Secretary. 

FOETY-THIED  DAY. 
Vew  Oele.^'s,  Monday,  Jan.  20,  1S6S. 
he  Convention  met  pursuant  to  adjouni- 

iiid  was  called  to  order  by  the  Presi- 

:  11  A.  M. 

roll  was  called  and  tlie  folL.nving 

I's  answered  to  their  names : 

lent  J.  Gr.  Taliaferro.  Mo^rs.  Baker. 


,.  --.rigneur.  Bonnefoi.  Erovs-n,  Burrel. 
Crane,  Cromwell,  Cuney 
asseau.    Deslonde    P.  Cx.'^. 


Dearinu-. 
Dougla>^. 

lessis,  Edward,  1  rancois,  iFulier.  Et  r- 
)n,  Gair.  Guirhard.  Harp-r.  Harri-. 
ipstead.  Hiestand,  lugraham.  I-;ibflk 
Jones.  Kelso.  Landers.  Lan^-e.  Lerov. 


IS  J.  B..  LeAvis  E.. 
lillen.  Morris,  3Ios 

Myers,  Oliver, 
idexter.  Pollard.  Eea 
erts,  Eodriguez.  Sm 
)aut,  Enderwooil 
bhfie,  Y'illiams- 


JL^-lleil.  3i 


es.  Murrel, 
PaJ^ard, 


■ai  lov.'-:. 
Mush- 
Pierce, 
Eeese,  Eiggs, 
Scott.  Suider. 
Y^indergrin;  Y'aples; 
d  members  i^resent. 


la 


re  minutes  were  read  and  adopted, 
.•ayer  by  the  Eev.  Jos.  Eisk. 

OEIGIX.^  EESOLrXIOXS, 

r.  Waples  offered  the  f  oUovdng  motion : 
warrant  for  .■:*dl02  having  been  issued 
Bloomiield  <t  Co.,  on  the  19th  of  De- 
^r,  1861,  without  the  authority  of  the 
rention,  and  in  advance  of  anv  action 
1  the  bills  of  the  said  lirm,  I  move  that 
aent  of  said  warrant  be  stopped,  and 
the  President,  Secretary  and  Warrant 
be  directed  to  forAvard  communica- 
signed  by  them,  to  the  Auditor  and 
surer  of  the  State,  giving  said  officers 
.al  notice  of  the  fact  that  payment  of 
amount  is  stopped, 
lopted. 

Mr.  Cromwell  : 
HEKEAS,  This  Convention  is  assembled 
nn  a  Constitutional  and  State  govern- 
i  to  be  ratified  by  the  quahfied  electors 
oidsiana;  therefore, 
'  it  ordaiiieiJ  by  fli^  p-^opl'^  of  Z^-'/'s/'/;. 
hiveiition  assembled,  That  no  municijoal 
■ion  for  the  citv  of  Xew  Orleans  shall 


hy  law  for  mu.nieipal 
City  Charter  of  Orleans. 
Lies  over. 

Mr.  Moses  m()V'-:>d  tliai  no  inember  shall 
be  allowed  ro  g.*  out  vi  ^Lt-  Convention 
after  the  roll  has  been  called,  except  by 
leave  of  the  President. 

Laid  on  the  table. 

EEPOKTS  OF  STANDING  COMiETTTEES. 

Committee  on  Printing — Xo  report. 
Committee  on  Enrollment — Xo  report. 
Committee  on  Contingent  Expenses — Xo 
report. 

SPECL^E  com:.iittees. 
Mr.  Waples  moved  -  i  -t  the  resolii- 


:ed  r- 
Ex-,. 


C  ommittee  oa 


oved  to  postpone  and 
ial  order  for  to-morrow 


A'.Loptecl 


^XFI:^ISHED  BrSIXESS. 

■Ill  members  recorded  their  votes 


The  abs 

upon  the  amendment  pending  at  the  last 
adjournment. 

And  the  result  of  the  votevras  announced 
as  follows : 

Aves  52.  nays  39. 

Ayes:  Bonseigneur, 
Lurr-T'l,  Butler.  Crane, 
scau,  P.  G.  Deslonde 
parte,  U.  Dupart.  Esu 
Gardiner,  Guieliard.  H 
Tsabelle.  Jones.  Lani:,-e. 
Marie.  Mead.evs.  Mcu' 
Mushawav.  ]\Iv-/i'-.  XeA\ 
back.  Pomd-xtrr.  P^Iiard 
Eiggs,  Eoberts.  Eodriuue. 
Snaer,    Scott.  TlnV>aiit. 


Bonnefoi,  Brown, 
Cromwell,  Depas- 
Donato,   G.  Du- 
rd.  Francois,  Gair, 
rpcr,  Harris,  E.  H. 
Lc-r-y.    E.  Lewis, 
is.  Z\Ioses,  3IuiTel. 
ham.  Pierce, Pineh- 
Eeagan,  Eiard, 
S-liAvab,  Smith, 
'alfroit,  YidaL 


YTcklilie.  YTUiams.  Wilson— 52  ayes. 

Xays  :  Antoine,  Baker.  Barrett,  Belden, 
Bertonneau,  Blackbur:'!.  Elandin,  Cooley, 
Crawford,  Cuney.  Dc-ariug.  Damarest, 
Douglass,  Duple.^sis.  Edward.  Eidler,  Eer- 


giison, 

Thos. 

LeAvis. 

Leran, 
SniJ^-i 
d^r^vr, 


Hempst^ 
Isabelle. 
Ludelinsi-, 
Me^Iilk-n. 


ad.  Hh'si:ind, 
Kelso.  j_.;inder 


Ligraham, 


in.o-  as  follows,  was 


B. 

Lvnch.  Massicot,  Me- 
Oliv.:-.  P^'cliard,  Keese, 
'hiin:.  T'sxichell,  Ua- 
kf,  Wapk's — 39  nays, 
as  amended,  and  read-' 
adopted : 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Art.  83.  The  Legislature  ahall  divide  tlie  j  lugraham 
Mt&ie  into  judicial  districts,  whick  shall  re- 1  roy,  Le-v^-is  J 
main 

1 


unchanged  for  foui'  years,  and 
District  Court,  one  judge,  leai'ned  in 
jaw,  shall  be  elected  by  and  for  their  re- 
spective districts  b^-  a  plurality  of  the  quali- 
iied  electors  for  members  of  the  General 
Assembly,  at  the  election  thereof  next 
preceding  the  expiration  of  the  terms  of 
ihe  Judge,  respectively.  Eor  each  district 
Hiere  shall  be  one  district  court,  except  in 
Ihe  parish  of  Orleans,  in  which  the  Legis- 
latui'e  may  establish  as  many  district  courts 
:as  the  public  interest  may  require.  Until 
otherwise  provided,  there  shall  be  seven 
district  courts  for  the  parish  of  Orleans,  to 
he  designated  as  -  follows:  The  Criminal 
'■Court,  the  Probate  Court,  the  Court  of  Ap- 
peals from  justices'  courts,  and  the  Fourth, 
Pifth,  Sixth  and  Seventh  District  Courts. 
!The  number  of  districts  in  the  State  shall 
rnot  be  less  than  twelve  nor  more  than  twenty. 
The  clerks  of  the  district  courts  shall  be 
selected  by  the  qualified  electors  of  their 
1-espective  districts,  and  shall  hold  their 
office  for  four  years. 
By  Mr.  Blandin: 

Article  82,  majority  re^Dort,  amended  by 
c^'triking  out  "six"  and  inserting  "four"  in 
J  2th  line. 

Mr.  Wickliffe  moved  to  amend  by  srik- 
ing  out  all  from  the  7th  to  the  10th  line, 
inclusive,  and  inserting  after  the  words 
/'United  States,"  "and  of  this  State." 

Mr.  Smith  moved  to  amend  by  adding, 
'''shall  not  be  eligible  to  any  other  office  of 
lemoluments  or  trust  during  the  term  for 
which  he  may  be  elected,  and  for  one  year 
thereafter." 

The  previous  question  was  moved  and 
Seconded  by  a  majority  of  the  delegates.  | 

The  ayes  and  na3^s  were  demanded.  | 

And  the  amendment  by  Mr.  Blandin  was  i 
adopted— ayes  47,  nays  36 — as  follows: 

Yeas:  Baker,  Blackburn,  Blandin,  Bon- 
»eigneur,  Bonnefoi,  Brown,  Burrel,  Butler, 
iCrane,  Cromwell,  Cuney,  P.  G.  Deslonde, 
Donato,  G.  Duparte,  U.  Du23art,  Guichard, 
Hanis,  R.  H.  Isabelle,  Jones,  Lange, 
Jfarie,  Massicot,  Meadows,  McLeran,  Mor- 
:ris,  Moses,  Murrel,  Oliver,  Packard,  Pierce, 
Pinchback,  Poindexter,  Pollard,  Reagan, 
PJggs,  Rodriguez,  Schwab,  Smith,  Snaer, 
Scott,  Thibaut,  Underwood,  Yalfroit, 
Tidal,  Wickliffe,  WiUiams,  Wilson— 47 
^yes. 

Nays:  Antoine,  Barrett,  Bertonneau, Coo- 
ley,  Crawford,  Dearing,  Damarest,  Depas- 
se&u,  Douglass,  Dux:)lessiR,  Edv^ard,  Esnard, 
3-^uiIer,  Ferguson.  Gair,  Harper,  Hiestand, 


Isabelle  T. .  Kelso,  Landers 
ro}"-,  jL,e-«is  J.  B.,  Lewis  R.,  LudeUng, 
for  tin,    McMillen,  Mushaway,  Myers,  N 
sham,  Riard,  Roberts,  Snider,  Steele,  T 
chell,  Wai)les — 36  nays. 

The  question  recurring  upon  the  ame 
ment  of  Mr.  Wickliffe,  it  w^as  lost — ayes  3 
nays  53 — as  follows : 

Yeas:  Burrel,  Butler.  Cooley,  Craii 
Cromwell,  Donate,  G.  Duparte,  U.  Dui^ar 
Esnard,  Francois,  Gardiner,  Guichar 
Harj)er,  Harris,  Landers,  Lange,  Mari 
Massicot,  Morris,  Pierce,  Reagan,  Rigg 
Rodriguez,  Schwab,  Snaer,  Twitche 
Valfroit,  Yidal,  Wickliffe,  Williams,  W; 
son,  Henderson — 32  yeas. 

Nays :  Antoine,  Baker,  Barrett,  Bertol 
neau,  Blackburn,   Blandin,  Bonseignei^ 
Bonnefoi,  Brown,  Crawford,  Cuney,  Dea 
ing,  Demare^t,  Deslonde  P.  G.,  Douglas 
Duplessis,  Edward,  Fuller,  Ferguson,  Gai 
Hiestand,  Ingraham,  Isabelle  R.  H.,  Is 
i  belle  Thos. ,  Jones,    Kelso,  Leroy,  Le'w 
I  J.  B.,  Lewis  R.,  Ludeling,  Martin,  M 
'  Leran,  McMillen,   Moses,  Murrel,  Mus 
away,  Myers,  Newsham,  Oliver,  Packar 
Pinckback,    Poindexter,    Pollard,  Riai 
Roberts,    Smith,    Scott,    Snider,  Stee 
Thibaut,    Underwood,  Vandergriff", 
l>les — 53. 

The  question  recurring  upon  the  amen 
ment  of  Mr.  Smith. 
It  was  lost. 

The  question  recurring  upon  the  nioti 
to  ado-|)t  article  82,  as  amended,  and  re? 
ing  as  follows: 

Akt.  84.  Each  of  said  Judges  shall 
ceive  a  salary  to  be  fixed  by  law,  ^^^li 
shall  not  be  increased  or  diminished  dim 
I  his  term  of  office,  and  shaU  never  be  1 
I  than  five  thousand  dollars.    He  must  b< 
I  citizen  of  the  United  States,  over  the 
of  twenty-five  years,  and  have  resided 
the  State  and  jDracticed  law  therein  for  _ 
space  of  two  years  next  preceding  his  appoi 
ment.     The  Judges  of  the  district  co 
shall  hold  their  office  for  the  term  of  f( 
years. 

It  was  adoiDted— ayes  52,  na}- s  S4 — as  i 
lows : 

Yeas:  Antoine,  Baker,  Blandin,  B 
seigneur,  Bonnefoi,  Brown,  Butler,  Cra 
P.  G.  Deslonde,  G.  Duparte,  U.  Dup; 
Esnard,  Francois,  p-ardiner,  Cxuicha 
Harper,  Hiestand,  Ingraham,  R.  H.  1 
belle,  Jones,  Lange,  Landers,  Leroy,  . 
deling,  Marie,  Massicot,  Meadows,  Mc 
ran,  McMiUen,  Morris,  Moses,  Mur 
Newsham,    Oliver,    Packard,  PinchlM 


i  Poindexter,   Pollard,    Riggs,  Rodri| 


JOURNAL  OF  THE  COXSTITUTIOXAL  CO^-VEXTION. 


-  . -i.  Smith.  Thibaut,  Tvsitehell,  Under- 
^     a.  Yalfroit,  YidaL  Wickiiti'e,  YflUiams. 
tVuson — 02  ayes. 
Vays:  Barrett,    Bertonnean,  Blackburn, 

.el,  Cooley,  Crawford,  Cromwell.  Cnney,  : 
■  aring,  Damarest,  Depasseau,  Donato, 
iJouglass,  Daplessis,  Edward,  Fuller,  Fer- 
Ruson,  Gair.  Harris.  Kelso,  J.  B.  Lewis.  E. 
ILewif .  ]\Lirtin,  3Iusliaway,  3Iyer.s.  Pierce. 
■Pteagan,  Eeese,  Eiard,  Eoberts,  Sciiwali, 
l-Scot^,  Snider,  Steele,  Yandergriff,  Wa^jles — 
4  nays. 

Mr.  Crane  moved  to  reconsider  tlie  vote 
last  taken. 

Mr.  AYaples  moved  to  lay  tlie  motion  to 
econsider  on  the  table. 
Lost. 

The  motion  to  reconsider  prevailed. 
Mr.  Crane  moved  to  amend  by  striking 
)ut  "appointment,"'   and  inserting  "elec- 
ioD." 

Adopted — .lyes  64,  nays  16 — as  follows: 
Yeas:  Antoine,  Baker,  Blackburn.  Blan- 
lin,  Bonseigneur,  Bonnefoi,  Brown,  Bur- 
el,  Butler,  Crane,  Cromwell.  Cuney,  P.  O. 
Deslonde,  Donato,  G.  Dui^arte.  U.  Dupart. 
Esnard,  Francois.  Oair.  Gardiner.  Gui- 
hard,  Harper.  Harris.  Hiestaiid.  E.  H. 
[sabelle.  Thos.  IsaV^elle.  -Tones,  Landers. 
Lange,  Leroy.  E.  Le\Ws.  Zvlarie,  ^iart'.n. 
\Lissicot.  Meadows,  McMillen.  Morri-.. 
Mosf-s,  Murrel.  Musliaway.  Myers.  ye\\ - 
■iliam,  Oliver.  Packard.  Pi<  -.  '  -  :;  \^  ■ 
Poindexter,  Pollard,  l; 
Roberts.  Eodriauez.  Schwab,  '--lui^il,  -Ua'-i. 
Scott,  Thibaut.'  Twitchell.  rndervr'.Kjri.  Yal- 
Ifroit,  Yidal,  Wicklitfe,  Yllliams,  AVilson— 
54  ayes. 

Nays:  Barrett.  Crawford.  Bearing.  De- 
marest.  Duplessis.  JMward.  Fuller,  Fergu- 
son, Hempstead.  Ivelso.  J.  B.  Lewis.  Lude- 
ling,  Eeese.  Snider,  Steele,  Y'aples — 16 
nays. 

The  article  as  amended,  and  reading  as 
follows,  was  adopted — ayes  65.  nays  16: 

Art.  84.  Each  of  said  Judges  shall  re- 
ceive a  salary  to  be  fixed  l3y  law,  which 
shall  not  be  increased  or  diminished  during 
his  term  of  office,  and  shall  never  be  less 
than  five  thousand  dollars.  He  must  be  a 
citizen  of  the  United  States,  over  the  age 
of  twenty  five  years,  and  have  resided  in 
the  State  and  practiced  law  therein  for  the 
pace  of  two  years  next  preceding  his  elec- 
tion. The  Judges  of  the  District  Court 
i^hall  hold  their  office  for  the  term  of  four 
years. 

_Yeas:  Antoine,  Baker.  Black^uu-n.  Blan- 
iin,  Bonseigneur.  Bonnefui.  Br(3wn.  Ivivr- 
rel,  Butler."  Crane.  Cromwell.  Dei  :  — ^     -  , 


Deslonde  P.  G..  DupjQ-te  G.,  Dupart  U.,  Do- 
nato, Edward,  Esnard,  Francois,  Gair,  Gur- 
cliner,Guichard,  Harper.  Harris.  Herjipster- 
Hiestand,  Ingraham.  Isabelle  E.  H.,  Isi- 
belle  Thos,,  Jarksdu.  Jones.  Landers. 
Lange,  Leroy.  J^ewi^  E.,  3iarie,  Martin, 
Meadows,  McLeran.  .Morris.  Moses,  Mur- 
rel, Musliaway.  Myers.  Packard,  Pierce, 
Pinchback,  Poiudt-xter.  Pollard.  EeagiJi, 
Eiggs,  EoV)erts.  Eodrignez.  Seliwiib,  Sni:'rh, 
Snaer.  Scott.  Thibaut.  Twitchell.  Under- 
wood, Yalfroit.  Yidal,  Y'icklifle,  AYilliaci.s, 
Wilson — 65  yeas. 

Xays:  Barrett,  Bertonneau.  Crawford, 
Cuney,  Dearing,  Demarest,  Duple^sis,  Ful- 
ler, Kelso,  Lewis  J.  B..  Ludrlmg.  McMil- 
len, Eeese,  Eiard,  Sniil^r.  AVnples — IG 
nays.  ^ 

Mr.  Hempstead  moved  to  reconsider  the 
vote  just  taken.  ^ 
Laid  on  the  tabk\ 
By  Mr.  Pinrld-ack: 

Article  83,  r;:,j  ^j  :-;    report,  reading  as 
follows : 

At;t.  85.  The  district  courts  shall  h^VyC 
original  jurisdicti'.jii  .ij  .-iri]  eases,  not 
prol)ate,  vvlien  tire  .-..  r. dispute  ex- 
ceeds five  hniidred  .1  -.'l;  .  ;;.  I'ivi of  in- 
terest. Th.-y  Miuil  <•  -M -,;,.];:  ni 
dii-iio]i  vdtli  the  pa  '  -  in  probute 
liiatters,  when  ther^  ..  c-ontastation, 
ciij.lt! a'  aiao'iiit  in  il-pnt  over  five  Irin- 
di'  1  1  "  a  -,  -■alnsiveof  interest.  Li  crilni- 


:l.  >  i .         a:..'  /V  -a,  - .         :  " .  I'll 

dispute  exceed-  (rue  hiindre  1  '  exclu- 
sive of  interest. 

Mr.  HemiDstead  moved  to  amend  by 
striking  out  ''five"  and  inserting  • 'three/' 

Laid  on  the  table. 

Tlie  artidf  wa-  adopted. 

Mr.  Underwood  moved  to  adopt  article 
94.  minority  report. 

Mr.  Smitli  moved  to  amend  hj  striking 
out  all,  after  the  Avord  "article,"  and  in- 
serting article  84.  majority  report. 

Mr.  Cooley  Avas  called  to  the  chair. 

]Mr.  Crane  moved  tn  amend  the  amend- 
ment of  "Mr.  Smith,  ;is  follows: 

F'.]-  caeli  p'a:'i-h  court,  one  Judge,  lear/iccl 
in  the  law,  shall  l^e  el ectr-d  by  a  pliu-ality 
of  the  cptalified  ele.aoi'^  of  eacli  parish  for 
members  of  the  Gt_ijeral  Assembly  at  the 
election  next  preceding  the  expii'ation 
of  the  terms  of  said  Par:-^^  T^^  la^  s  resp'^ct- 
i^-ely.     Saivl  Judge-  -a  aoir  o'-^.co 

fnv  tile  tel'ai  r<f  four  ye...  ^vTe. 

3Ir.  H?v  stead  moved  to  arnoud  article 


168  JOUKNAL  OE  THE  CONSTITUTIONAL  CONTENTION. 

94,  bv  striking  out.  tlie  words  "  learned  i  ment,  and  was  called  to  order  by  the  Presi- 


law"   and  "shall  have  practised  j  dent  at  10  a.m. 
the  State  two  years  next  preceding  i    The  roil  v/as  called 


and  such 
law  for 
a  citizen  of 


by 
ill  the 
lav/  in 
hiH  election." 

Mr.  Smith  withdrew  his  substitntfe. 
Mr.  Bertonneau  moved  to  lay  the  amend- 
ment of  Mr.  Hemi^stead  on  the  table. 
.Lost. 

The  amendment  was  adopted. 

The  question  recurring  uj^on  the  adop- 
fcioa  of  article  94,  minority  report,  as 
.amended,  and  reading  as  follows : 

Art.  86.  For  each  parish  court  one  Judge 
.fjtliall  be  elected  by  the  qualified  electors  of 
til  e.  parish.    They  shall  hold  their  offices 
:&or  the  term  of  two  years.    They  shall  re- 
<iceive  a  salary,  and  fees  to  be  provided  by 
law — until  otherwise  provided.  Each  parish 
Jadge  shall  receive  a  salarj^  of  one  thousand 
two  hundi-ed  dollars  per  annum, 
leen  as  are  now  established  by 
clerks  of  courts.    He  shall  be 
the  United  States. 

It  was  adoi^ted — ayes  49,  nays  20 — a^ 
'follows : 

Yeas:  Blackburn,  Brown,  Burrel,  Crane 
Cromwell,  P.  G.  Deslonde,  Donato,  G.  Du- 
parte,  U.  Dupart,  Duplessis,  Francois,  Gair, 
Oardiner,  Guichard,  Harper,  Harris,  Hemp- 
;stead,  Ingraham,  E.  H.  Isabelle,  Jackson, 
•Jo lies,  Landers,  Lange,  Leroy,  J.  B.  Lewis, 
Marie,  Martin,  Meadows,  McLeran,  Morris, 
Moses,  Mushaway,  Oliver,  Packard,  Pierce, 
Po'Ludexter,  Pollard,  Eeagan,  Reese,  Pviggs, 
liodriguez,  Schwab,  Scott,  Twitcliell,  Val- 
froit,  Yidal,  Wickliffe,  WilUams,  Wilson- 
ID  ayes. 

Nays:  Antoine,  Baker,  Barrett,  Berton- 
Vsey.u,  Blandin,  Bonnefoi,  Cooley,  Crawford, 
Cuiiey,  Dearing,  Douglass,  Esnard,  Fuller, 
Ferguson,  Thos.  Isabelle,  Kelso,  Ludeling, 
MoMillen,  Riard,  Snider — 20  nays. 

Mr.  TwitcheU  moved  to  reconsid'?r  the 
wote  last  taken. 

The  motion  was  laid  on  the  table. 

Mr.  McMillen  moved  to  adopt  article  85 
of  the  majority  report. 

Mr.  Crane  moved  to  amend  by  striking 
-oiifc  thirtieth  and  thirty-first  lines. 

IPending  its  consideration,  the  Conven- 
tion adjourned  until  to-morrow  at  11  a.  m. 

A  true  copy: 

'^WM.  YIGEPvS,  Secretary. 

FORTY-FOURTH  DAY. 
New  Orleans.  Tuesday,  Jan.  21,  1868. 
The  Convention  met  x^ursuant  to  adjourn- 


and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  Bar- 
rett, Blandin,  Bonseigneur,  Bonnefoi, 
Brown,  Burrel,  Butler,  Cooley,  Crane, 
Cromwell,  Dearing,  Depasseau,  Deslonde 
P.  G.,  Douglass,  Duparte  G.,  Dupart 
U. ,  Duplessis,  Edward,  Francois,  Fuller,  j 
Ferguson,  Gair,  Gardiner,  Guichard,  Har- j 
per,  Harris,  Hempstead,  Ingraham,  Isa- 
belle R.  H. ,  Jones,  Kelso,  Landers,  Lange, 
Leroy,  Lewis  J.  B.  ,  Lewis  R.,  Ludeling, 
Marie,  Martin,  Massicot,  Meadows, 
McLeran,  Morris,  Moses,  Mushaway, 
Myers,  Newsham,  Oliver,  Packard,  Pierce, 
Poindexter,  Pollard,  Reagan,  Reese,  Riard, 
Riggs,  Rodriguez,  Smith,  Scott,  Snider, 
TwitcheU,  Undei-wood,  Yalfroit,  Yander- 
griff,  Waples,  Wickliffe,  Williams,  VYilson — 
69  members  present. 

The  minutes  were  read  and  adopted. 
Mr.  CroniAvell  called  up  his  resolution 
lying  over  from  January  20,  as  follows : 

Whereas,  This  Convention  is  assembled 
to  form  a  Constitutional  and  State  govern- 
ment to  be  ratified  by  the  qualified  electors 
of  Louisiana;  therefore. 

Be  it  ordained  by  tlie  people  of  Loidsiana  in 
Convention  assembled,  That  no  municipal 
election  for  the  city  of  New  Orleans  shaU 
be  held  on  the  same  day  as  that  of  the  rati 
fication  of  the  Constitution  for  the  State  of 
Louisiana. 

The  General  Assembly,  at  its  first  session, 
shall  provide  by  law  for  municipal  elections 
under  the  City  Charter  of  Orleans. 

Mr.  Blandin  moved  to  lay  it  on  the  table 
Adopted. 

Mr.  Ludeling  moved  to  reconsider  the 
vote. 

Adopted. 

Mr.  Gair  moved  to  lay  on  the  table. 
Adopted. 

OEIGINAL  EESOLUTIONS. 

By  Mr.  Cooley: 

Be  it  ordained  by  tlie  Constitutional  Conven- 
tion of  the  State  of  LiOidsiana,  That  the  pen- 
alty of  twenty-five  per  cent,  as  an  addition 
al  tax  upon  the  tax  of  one  mill,  levied  by 
this  Convention  by  the  ordinance  of  Jan 
uary  4,  1868,  and  the  additional  penalty 
of  two  and  one-half  per  cent,  mentioned  in 
said  ordinance,  shall  not  be  exacted  until 
the  15th  of  February,  1868,  when  the  ta? 
collectors  of  the  city  of  New  Orleans,  right 
bank,  and  parish  of  Jefferson,  shall  exaci 
the  first  penalty  of  twenty-five  x^er  cent,  on 
the  original  tax  levied  and  for  every  ten 


JOUENAL  OF  THE  COXSTITUTIOXAL  COXYEXTIOX. 


169 


lays  after  said  loth  February,  they  shall ' 
?xact  a  further  penalty  of  two  and  a  half 
■)cv  cent,  on  said  original  tax  of  one  mill. 
3ut  nothing  in  this    ordinance  shall   be ! 
•onstrued  to  repeal  the  last  section  of  said 
)rdinance  of  the  4tli  January,  1868,  iodi- 
ating  the  summary  manner  of  collecting 
he  tax  of  one  mill. 
Lies  over, 

Mr.  Ingraham  moved  that  the  Auditor  of 
Accounts  is  hereby  requested  to  inform  this 
Convention,  officially,  of  the  amount  of  tax 
eceived  by  him  for  the  benefit  of  this 
,'onvention,  and  to  whom  he  has  j^aid  any 
xjrtion  of  said  tax.  • 

Adopted.  ; 

EEPOETS  OP  STAXDING  COMMITTEES. 

Committee  on  Printing — Xo  report. 

The  Comittee  on  Contingent  Expenses 
>resented  a  biU  from  the  Gas  Com]jany. 
rhicli,  on  motion,  was  referred  to  a  special 
ommittee  to  be  aj^pointed  by  the  Chair. 

A  communication  from  Mr.  Madden  wa- 
rdered  to  be  returned  to  him. 

UXFI^^SHED  BrSIMESS. 

71ie  amendment  of  Mr.  Crane  was  laid 
lie  table. 

"  tide    So,  majority  report,  reading  as 

,..jws: 

Ar.T.  87.  The  parish   courts  shall  havr 

^;urrent  jurisdiction  with  the  pistices 
::ie  peace  in  all  ca^i^s  when  tli-'  amount 
1  .ontroversy  is  more  th;in  tvrcntv-tive  doi- 
a's.  and  less  than  one  hundred  dolhir.-.  ex- 
lu^ive  of  interest.  They  shidl  have  cXv-lu- 
ive  original  jurisdiction,  in  ordinary  suits, 
a  all  cases  when  the  amount  in  dispute  ex- 
eeds  one  hundred  dollars  and  does  not  ex- 
eed  five  hundred  dollars;  subject  to  an  ap- 
ical to  the  district  court,  in  all  cases  when 
he  amount  in  contestation  exceeds  one 
.undred  dollars,  exclusive  of  interest.  In 
■robate  matters,  they  shall  have  concurrent 
iirisdiction  with  district  courts  in  all  cases 
■  hen  there  exists  a  contestation  or  suit  and 
lie  amount  in  dispute  exceeds  five  hundred 
oUars.  In  all  other  cases  they  shall  have 
xclusive  original  jurisdiction  in  probate 
ratters.  In  criminal  matters  the  parish 
oiu't  shall  have  jurisdiction  in  all  cases 
"hen  the  penalty  is  not  necessarily  impris- 
nment  at  hard  labor,  or  death,  and  when 
he  a.ccused  shall  waive  trial  by  jury.  They 
hall  also  have  the  power  of  a  committing 

lagistrate,  and  such  other  jurisdiction  as 
lay  be  conferred  on  them  by  Liw.  There 
hall  be  no  trial  l^y  jury  before  the  parish 

ourts. 


Was  adopted. 

By  Mr.  Underwood: 

Article  86,  majority  reiDort,  reading  as 
follows  : 

Aet.  88.  In  all  probate  matters  when 
the  amount  in  dispute  shall  exceed  five 
hundred  dollars,  exclu<;ive  of  interest,  the 
appeal  shall  be  directly  from  the  parish  to 
the  Supreme  Court. 

Which  was  adopted. 

By  Mr.  Blandin: 

Article  87,  majority  report,  reading  as 
follows : 

Aet.  89.  The  justices  of  the  peace  shall 
be  elected  by  the  electors  of  each  parish, 
in  the  manner  to  be  provided  by  the  Gen- 
eral Assemlily.  They  shall  hold  office  for 
the  term  of  two  years,  and  their  comx3en- 
sation  sliaU  be  fixed  by  law.  Their  jiu'is- 
diction  in  civil  cases  shall  not  exceed  one 
hundred  dollars,  exclusive  of  interest,  sub- 
ject to  an  appeal  to  the  parish  court,  in  all 
cases  when  the  amount  in  dispute  shall 
exceed  twenty-five  dollars,  exclusive  of  in- 
t' i'e>t.  They  shall  have  such  criminal 
jurisdiction  as  shall  be  i^rovided  by  law. 

Which  was  adopted. 

By  Mr.  Blandin : 

Article  88,  majority  report,  reading  as 
f  olloAvs : 

Aet.  90,  In  any  case  when  the  Judge 
may  be  recused,  and  A\  licn  he  is  not  per- 
^^oiially  interested  in  the  matters  in  contest- 
ation, he  shidl  >cleer  ;i  lawyer,  having  the 
cpialificatioiis  ro^piir'cd  for  Judges  of'  the 
courts,  to  try  such  cases.  And  when  the 
Judge,  is  personally  interested  in  the  suit, 
he  sliall  c;;H  upon  the  parish  or  district 
.Judge  as  the  case  may  be,  to  try  the  case. 

3Ir.  Cooley  was  called  to  the  chair, 

]Mr.  Underwood  moved  to  amend  by 
striking  out  the  word  "la-^-yer,  "  and  in- 
serting the  word  ''person." 

3Ir.  Hiestaiid  moved  to  amend  by  insert- 
ing the  word  '-intelligent." 

Mr.  Barrett  moved  to  amend  by  inserting 
the  word  '"male." 

Mr.  Gair  moved  to  lay  the  i^ending 
amendments  on  the  table. 

Adopted. 

And  the  article  as  reported  was  adopted. 
By  Mr.  Underwood: 

Ai-ticle  89,  majority  report,  reading  as 
foUoAvs  : 

Aet.  91.  The  General  Assembly  shall 
have  power  to  vest  in  the  i^arish  Judges  the 


170 


JOURNAL  OF  THE  CONSTITUTIONAL  C0NT^:NTI0N. 


Tight  to  <j;-raut  Ruch  orders  and  to  do  such 


i'icts  as  may  he  deemed  necessary  for  the  |  t^te 


The  qiiestion  recurring  upon  the  substi 

,    te  of  Mr.  Wickliiie,  as  amended,  aiii 
iurtherance  of  the  administration  of  justice  |  ^^^^^  ^^^^^^^^^ 
jancl  m  all  cases  the  power  thus  granted!     ,  ^,        ^  „t 

shall  be  specified  and  determined.  ^i^t.  92.  There  shall  be  an  Attorney  Gen 

■vv-i  -1  1^1  eralfor  the  State,  who  shall  be  elected  b* 

l^hich  was  adopted.  qualified  electors  of  the  State  at  larg|| 

By  Mr.  Underwood:  ^  He  shall  receive  a  salary  of  five  thousaa 

Article  100,  minoritj^  report,  reading  as  dollars  ^Der  annum,  payable  quarterly  on  hi 
follows :  i  own  warrant,  and  shall  hold  his  office  fc 

t  ^  mn    rm     ^     1   n  1  a  i-^         i  four  years.    There  shall  be  a  District  A1 

Art.  100.   There  shall  be  an  xittorney  i ,  o         i  ■  ^  •  t  t  i  •  i.  o  ,^    ^ .  .  jp 

,y         w     4-1         4-      1      1  n  1      14.  T  torney  lor  each  ludicial  district  ot  the  fetat( 
General  lor  the  State,  who  shall  be  elected     ,     i  ni     t    j.  1 1    i.i  i  i  i. 

,  ,-j  r-R  1  1  4-  *  4-1  04.  4.  T  who  shall  be  elected  by  the  qualified  electors 
by  the  qualmed  electors  oi  the  State,  and     »  ,-,     •   t  •  i  t  j.  •  i     tt  n 

-Tk-  4  •  4-  \4-<-      ^   4^         1   '  A-  •  \  -I-    U>^  the  ludicial  district.    He  shall  receive  a 
one  District  Attorney  tor  each  ludicial  dis-     ,       ''x^  x^^j.       i      i    i    i  ^^  ^^ 
4-  •  4.  •    4-1    04.  4.     1      1   n  1,     1    i  1  i?        salary  oi  fiiteen  hundred  dollars,  payable 
trict  m  the  State  who  shall  be  elected  from       ,  ,        i    i  n  i  i  /  i.- 

,1       T         T  ,  4.-     1      •    ii  •    on  his  own  warrant,  and  shall  hold  his. 

among  those  licensed  to  i^ractice  law  m  this  o     o  ' 

i^^^^Q  office  for  four  years. 

Mr.  Crane  moved  to  amend  by  inserting     It  was  adopted, 
after  the  word  -elected,"  "for  four  years."  Do^^§la««  ^^^^ed  to  amend  article  101, 

Mr.  Wickliffe  moved  to  amend  by  strik-  ^^^^3^^^*^  report,  by  striking  out  "two," 
ingout  all  after  the  word  "article,"  and  ^^^^  inserting  "four,     and  to  adopt 
inserting:  |  amended. 

Art.  There  shall  be  an  Attorney  Gen-  ^^^'^  ^^i^'  ^^^^^^^^  ^'^^  ^^'^ 
eral  for  the  State,  who  shall  be  elected  by  Adopted, 
the  registered  voters  of  the  State  at  large.  Mr.  AVickliffe  moved  to  amend  article  101, 
He  shall  receive^  a  salary  of  five  thousand  j  i^^inority  report,  by  striking  out  all  after 
dollars  per  annuiii,  payable  quarterly  on  his  |  '         ...  „ 

own  warrant,  and  shall  hold  his  office  for  i  ^^^^'^  aiticie,  and  msextmg. 
four  years.  There  shall  be  a  District  At- 1  A  Sheriff  and  a  Goronor  shall  be  elected 
toriiey  for  each  judicial  district  of  the  State,  I  in  each  parish  by  the  qualified  electors! 
who  shall  be  elected  by  the  registered  voters  |  of  each  parish,  for  the  term  of  two  years.  As' 


1 


of  the  judicial  district.  He  shall  receive  a 
salary  of  three  thousand  dollars,  x)ayable  on 
his  own  warrant,  and  shall  hold  his  office 
for  four  years. 

Mr.  Ferguson  moved  to  lay  the  amend- 
ment of  Mr.  Wickliffe  on  the  table. 

Lost. 

l^Ir.  Packard  moved  to  amend  the  amend- 
ment by  striking  out  "three  thousand"  and 
inserting  "fifteen  hundred." 

Mr.  Crane  moved  to  lay  the  amendment 
on  the  table. 

Lost. 

The  amendment  of  Mr.  Packard  was 
adopted. 

Mr.  Crane  moved  to  lay  the  substitute  as 
amended  on  the  table. 
Lost. 

Mr.  Crane  moved  to  amend  the  substi- 
tute by  striking  out  "registered  voters, " 
and  inserting  "qualified  electors." 


many  constables  as  may  be  designated  by 
law,  shall  be  elected  by  the  qualified  voters 
of  the  several  districts  or  wards,  and  they 
shall  serve  for  two  years. 

Mr.  Underwood  moved  to  lay  the  nniend 
ment  on  the  table. 
Adopted. 

Mr.  Moses  moved  to  adopt  article  101  as 
reported. 

Mr.  "Wickliffe  moved  to  amend  by  adding 
in  the  seventh  line,  ' '  and  shaU  serve  f oi 
two  years." 

Mr.  McMillen  moved  to  amend  by  strik 
ing  out  "two,"  and  inserting  "one." 
j    Mr.  Moses  moved  to  lay  the  amendment 
I  of  Mr.  McMillen  on  the  table. 
Adopted. 

Mr.  Jones  moved  to  take  from  the  table 
the  amendment  of  Mr.  Wickliffe. 

Mr.  E.  H.  Isabelle  raised  the  x^oint  oi 
order  that  the  motion  to  take  from  tli( 


Mr.  Gair  moved  to  lay  the  amendment  of  i  table  was  not  in  order  until  the  motion  ir 


Mr.  Crane  on  the  table. 
Lost. 

The  amendment  of 
■adopted. 


I  question  had  lain  on  the  table  one  day. 
;    The  Chair  decided  the  motion  to  takf! 
Mr.     Crane    was  \  from  the  talkie  to  be  in  order. 

[    Mr.  I,sal)r'llo  appealed. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


171 


The  Chnir  was  sustained. 
The   lorevious;   qnestiou   was  demanded 
i-  Lu  the  uves  and  nays  were  ordered,  and 
t lie  motion  to  take  from  the  table  X3re vailed 
— ayes  37,  nays  34 — as  follows: 

Ayes:  Baker,  Bertonneaii,  Bonseigneur, 
Brown,  Butler,  Crane,  Donato,  G.  Dnparte, 
U.  Dupart,  Dnplessis,  Francois,  Gardiner, 
Giiichard,  Landers,  Lange,  Martin,  Mc- 
Leran,  Moses,  Newsham,  Oliver,  Pierce, 
Poindexter,  Pollard,  Beagan,  Biggs, 
Boberts,  Bodriguez,  Schwab,  Smith,  Un- 
derwood, Yidal,  Wicklitfe,  Williams,  Wil- 
son— yeas  37. 

Nays :  Antoine,  Barrett,  Blandin,  Bonne- 
foi,  Cooley,  Crawford,  Cromwell,  Demarest, 
Depasseau,  P.  G.  Deslonde,  Edward,  Es- 
nard,  Fuller,  Ferguson,  Gair,  Hari3er,  Har- 
ris, KeLso,   Leroy,   B.   Le"^is,  Ludeling, 


Myers.  Pa<:-kard.  Beese,  Biard,  Steele,  Tin- 
ehant,  Tv«*itchell,  Waples- — nays  25. 

Mr.  Pinchback  moved  to  reconsider  the 
vote  just  taken. 

Adopted. 

On  motion,  a  recess  was  taken  until  6 
p.  M. 

At  the  expiration  of  the  recess  the  Con- 
vention reassembled,  and  a  quorum  not  be- 
ing present,  adjourned  until  to-morrow  at 
10  o'clock  A.  M. 

A  true  copy: 

WM.  VIGEBS,  Secretary. 

FOBTY-FIFTH  DAY. 
New  Orleans,  Wednesday,  Jan.  22,  1868. 
The  Convention  met  pursuant  to  adjourn- 


Mari^  McMHlen,  IV^rris,  Myers,  Packard,  :  ^^^^^^  ^^^^  ^.^^  ^^^^^      ^^^^^  .  p^^^. 
Pinchback,  Beese,  Biard,  Snaer,  Tmchant,  ' 
Twitcliell,  Waples — na^^s  34. 

The  question  recurring  upon  the  adop- 
tion of  the  substitute  of  Mr,  Wicklitfe. 

Mr.  McMillen  raised  the  point  of  order 
that  the  operation  of  the  iDrevious  question 


dent  at  10  A.  m. 

The  roll  was  called,  and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  Au- 
itoine.  Baker,  Barrett,  Blandin,  Bonseig- 
neur. Bonnefoi,  Brown,  Bim-el,  Cooley. 
terminated  with  tlie  vote  upon  taking  from  |  Crane,  Cromwell,  Cuney,  Dearing,  Demar- 
tlie  tal:)le,  which  was  the   main  question  ,  est,  Depasseau,  P.  G.  Deslonde,  Douglass 


under  consideration,  and  did  not  preclude  ' 
debate  upon  the  merits  of  the  article. 
The  Chair  ruled  adversely. 
'M.i'.  McMillen  appealed.  : 
The  Chair  was  sustained.  | 
The  amendment  of  Mr.  Wicldiffe,  read-  j 
ing  as  follows : 

Aet.  93.  There  shall  be  a  Sheriff  and  ! 
Coroner  elected  by  the  quahfied  voters  of 
each  parish,  except  the  ])arish  of  Orleans,  j 
in  AAiiich  parish  there  shall  be  elected  by  j 
the  qualified  voters  two  Coroners  and  one  ! 
Slieriti'  for  each  district  court.    The  Crimi- 1 


G.  Duparte,  U.  Dupart,  Duplessis,  Esnard, 
Francois,  Fuller,  Gaii-,  Guichard,  Harris, 
Hempstead,  Ingraham,  T.  Isabelle,  Jones, 
Kelso,  Lange,  Leroy,  J.  B.  Lewis,  B. 
Lewis,  Marie,  Martin,  Meadows,  McLeran, 
Moses,  Oliver,  Packard,  Pierce,  Pinchliack, 
Poindexter,  Pollard,  Beagan,  Beese,  Biard, 
Boberts,  Bodriguez,  Schwab.  Snaer,  Scott, 
Snider,  T^itcheli,  Underwood,  Yalfroit, 
Waples,  Y'icklifie,  ^Yilliams,  Wilson — 63 
members. 

Prayer  by  the  Bev.  Jos.  Fisk. 

The  minutes  were  read  and  adopted. 

Mr.  Waples  moved  that  an  error  in  the 


ual  Court,  Prol~)ate  Court  and  Court  of  A:p-  \  official  report  of  xDroceedings  of  January 
j)eals  from  justices"  courts,  they  shall  hold 
their  offices  for  two  years. 

Was  adopted — ayes  37,  nays  25 — as  fol- 
lows : 

Ayes:  Bertonneau,  Bonseigneur,  Butler, 
Crane,  Donato,  G.  Duparte,  U.  Dui^art, 
Duplessis.  Francois,  Gardiner,  Ingraham, 
B.  H.  Isal^elle,  Jones,  Lange  B.  Lewis, 
Marie,  Martin,  Morris,  Moses,  Nevvsham, 
Oliver,  Pierce,  Pinchback,  Poindexter,  Pol- 
lard, Beagan,  Biggs,  Boberts,  Bodriguez, 
Schwalx  Smith,  Scott,  Underwood,  Yidal, 
Wicklift'e,  Yrilliams,  Wilson — ayes  37. 

Nays:  Antoine,  Barrett,  Blandin,  Bonne- 
foi. Cooley.  Crawford,  Dearing,  Demarest, 
Depasseau,  Edward.  Esnard,  Ferguson. 
HiVrris.  Kelso,  Leroy,  Ludeling,  McMille]!, 


17th,  be  corrected  as  follows  : 

By  striking  out  the  word  "  Convention,' 
and  inserting  the  word  "  connection."  in  the 
report  of  the  special  committee,  so  as  to 
make  the  sentence  in  which  the  error 
occurs,  read  as  written  by  the  committee, 
viz  : 

"In  this  connection,  we  call  attention  to 
the  testimony  of  the  Sergeant-at-arms  and 
B.  Bloomfield." 

By  striking  out  "38  per  cent.,"  and  in- 
sert "  33  per  cent.,"  where  it  occurs. 

By  restoring  the  punctuation  as  made  hj 
the  committee. 

All  the  other  eight  or  ten  official  journals 
are  hereby  instructed  to  print  as  corrected. 
Adopted. 


172 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


OEIGINAL  EESOIiUTIONS. 

By  Mr.  Baker : 

Resolved,  That  no  member  of  this  Con- 
vention be  permitted  to  speak  more  than 
ten  minutes  on  the  same  question,  except 
by  leave  of  a  majority  of  the  members 
present. 

Lies  over. 

Mr.  Cromwell  called  up  his  resolution 
lying  over  from  January  13,  and  it  was  in- 
definitety  j)ostponed. 

STANDING  COMMITTEES. 

Committee  on  Printing — No  report. 
Committee  on  Enrollment — No  rejDort. 
Committee  on  Contingent  Expenses — No 
report. 

SPECIAL  COMMITTEES. 

The  President  appointed  Messrs.  Berton- 
neau,  Douglass  and  Lewis  a  committee  to 
examine  the  bill  of  the  Gas  Company. 

Mr.  Cooley  called  up  his  resolution  of 
January  21,  amending  the  Tax  Ordinance, 
as  follows : 

Be  it  further  ordained,  etc.,  The  capital 
stock  and  other  projDerty,  moveable  or  im- 
moveable, belonging  to  the  banks  of  the 
city  of  New  Orleans,  by  virtue  of  special 
charters  from  the  State  of  Louisiana,  and 
which  by  j^resent  State  laws  are  exempt 
from  taxation,  shall  be  subject  to  the  tax 
of  one  mill  per  cent. ,  levied  by  ordinance 
of  the  24th  December,  1867,  and  to  all  the 
additional  taxes  imposed  as  i^enalties  by 
subsequent  ordinances  of  this  iJonvention  ; 
and  the  tax  collectors  of  the  place  v>^here 
said  banks  carry  on  their  business, 
as  authorized  under  existing  State  laws, 
to  call  upon  two  freeholders,  who,  with  the 
said  tax  collector,  shall  constitute  a  board 
to  ascertain  the  actual  market  value  of  the 
capital  stock  of  said  banks,  and  the  value 
of  all  property  held  by  them;  and  the  tax 
of  one  mill  heretofore  levied  shall  be  cal- 
culated on  the  value  of  said  capital  stock 
and  other  property  owned  by  said  banks, 
according  to  the  appraisement  thereof 
made  by  the  abovesaid  board. 

Mr.  Crane  moved  to  amend  by  adding  : 
And  the  State  tax  collectors  and  Sheriffs, 
parish  and  city  Treasurers  are  herebj^  au- 
thorized to  receive  the  warrants  authorized 
and  issued  in  favor  of  and  for  the  jDayments 
of  the  members  of  this  Convention,  in  pay- 
ment of  State,  parish  and  city  taxes  and  li- 
censes. 

Which  was  lost — ayes  5,  nays  73 — as  fol- 
lows : 

Yeas:  Crane,  P.  G.  Deslonde,  Duparte, 
Lange,  Tincliant — 5  yeas. 


Nays:  Antoine,  Baker,  Barrett,  Belden, 
Bertonneau,  Blandin,  Bouseigneur,  Bonne- 
foi.  Brown,  Burrel,  Butler,  Cooley,  Craw- 
ford, Cromwell,  Cuney,  D earing,  Demarest 
Depasseau,  Donato,  Douglass,  Dupart,  Du- 
plessis,  Esnard,  Francois,  Ferguson,  Gair, 
Gardiner,  Guicliard,  Harper,  Harris,  Hemi)- 
stead,  Ingraham,  R.  H.  Isabelle,  Thos. 
Isabelle,  Jones,  Kelso,  Leroy,  J.  B.  Lewis, 
Ludeling,  Marie,  Martin,  Massicot,  Mea- 
dows, McLeran,  Morris,  Moses,  Muslia- 
way,  Myers,  Newsham,  Oliver,  Packard, 
Pierce,  Pinchback,  Poindexter,  Pollard, 
Reagan,  Riard,  Riggs,  Roberts,  Rodriguez, 
Schwab,  Smith,  Snaer,  Scott,  Snider, 
Steele,  TwitcheU,  Yalfroit,  Vidal,  Waples, 
Wicklilfe,  Williams,  Wilson — 73  nays. 

And  the  resolution,  as  proposed,  was 
adopted. 

The  question  recurring  upon  the  origi- 
nal ordinance  as  amended,  and  reading  as 
follows  : 

Be  it  ordained  hy  the  Constitutional  Gun- 
vention.  of  the  State  of  Louisiana,  That  the 
penalty  of  twenty-five  per  cent,  as  an 
additional  tax  upon  the  tax  of  one  mill, 
levied  by  this  Convention  by  the  Ordi- 
nance of  January  4,  18G8,  and  the  ad- 
ditional i)enalty  of  two  and  one-half  per 
cent,  mentioned  in  said  ordinance,  shall 
not  be  exacted  until  the  15th  of  February, 
1868,  v.dien  the  tax  collectors  of  the  city  of 
New  Orleans,  right  bank,  and  parish  of 
Jefferson,  shall  exact  the  first  penalty  of i 
twenty-five  per  cent,  on  the  originar  tax^ 
levied,  and  for  every  ten  days  after  said: 
15th  February,  they  shall  exact  a  further; 
penaly  of  two  and  a  half  per  cent,  on  said- 
original  tax  of  one  mill.  ■ 

But  nothing  in  this  ordinance  shall  be; 
construed  to  repeal  the  last  section  of  said- 
ordinance  of  the  4th  Jammy,  1868,  indi- 
cating the  summary  manner  of  collecting; 
the  tax  of  one  mill.  , 

Be  it  further  ordained,  etc.,  The  caj^itat 
stock  and  other  j^roperty,  movable  or  im-^ 
moveable,  belonging  to  the  banks  of  the; 
city  of  New  Orleans,  by  virtue  of  special 
charters  from  the  State  of  Louisiana,  and 
which  by  present  State  laws  are  exempt 
from  taxation,  shall  be  subject  to  the  taxi 
of  one  mill  per  cent.,  levied  by  ordinances 
of  the  24th  December,  1867,  and  to  all  the 
additional  taxes  imiDosed  as  penalti.  by 
subsequent  ordinances  of  this  Conve  i?  v'u; 
and  the  tax  collectors  of  the  place  :  ;e 
said  banks  carry  on  their  business,  ,  -  .a~ 
thorized  under  existing  State  laws,  .  i  idl 
upon  two  freeholders,  who,  with  tlie  eaid'! 
tax  collector,  shall  constitute  a  board  tc  as-1 
certain  the  actual  market  value  of  the  capi-j 
tal  stock  of  said  banks,  and  the  value  of  all 


JOUEXAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


173 


property  held  by  tliem  ;  and  the  tax  of  one 
mill  heretofore  "levied,  shall  be  calculated 
on  the  value  of  said  capital  stock  and  other 
property  owned  by  said  banks,  according 
to  the  ai^praisenient  thereof  made  by  the 
abovesaid  board. 

It  was  adopted — ayes  53,  nays  22 — as 
follows : 

Yeas:  Antoine.  Baker,  Barrett,  Belden, 
Bertonneau,  Blaudin,  Bonseigneur,  Bonne- 
foi,  Butler,  Cooley,  Crane,  Crawford, 
Dearing,  Demarest,  Douglass,  G.  Duparte, 
Duplessis,  Esnard,  Fuller,  Ferguson, 
Guichard,  Ingraham,  T.  IsabeUe,  E.  ^  H. 
Lsabelle,  Jones.  Kelso,  Leroy,  Ludeling, 
Marie,  Martin,  IMassicot,  Morris,  Moses, 
Mushaway,  jMyers,  Oliver.  Pinchback,  Pol- 
lard, Eiggs,  Eoberts,  Eodriguez,  Schwab, 
Smith,  Snaer,  Snider,  Twitchell,  under- 
wood, Yalfroit,  Yidal.  Waples,  Wickliffe, 
Williams,  Wilson — 53  yeas. 

Nays:  Burrel,  Cromwell,  Cimey,  Des- 
londe  P.  G.,  Dupart  U.,  Francois,  Fuller, 
Gair,  Gardiner,  Harper,  Harris,  Hemp- 
stead, Lange,  Lewis,  Meadows,  McLeran, 
Newsham,  Packard,  Pierce,  Poindexter, 
Eeagan,  Scott — 22  nays. 

UNFINISHED  BUSINESS. 


Wickhffe's  substitute  being  under 


Mr 

consideration. 

Mr.  Wickliffe,  with  the  consent  of  the  Con- 
vention, with  drev.'  his  original  substitute  and 
moved  to  adopt  the  foUoAving  in  its  place : 

Art.  93.  Th^-e  ^hall  be  a  Sheriff  and 
Coroner  elected  by  the  qualified  electors  of 
each  parish  except  the  parish  of  Orleans. 
In  the  parish,  of  Orleans,  there  shall  be 
elected  by  the  qualified  electors  of  the 
parish  at  large,  one  Sheriff  for  the  Criminal 
Court,  who  shall  he  the  executive  officer  of 
said  court,  and  shall  liave  exehisive  control 
of  the  Parish  Prison. 

There  shall  also  be  elected  by  the  quali- 
fied electors  of  the  parish  at  large,  one 
Sheriff',  who  shall  be  the  executive  oMcer 
of  the  civil  courts,  and  who  shall  perform 
aU  other  duties  heretofore  devolving  upon 
the  Sheriff"  of  the  parish  of  Orleans.  The 
qualified  electors  of  the  city  of  New  Orleans, 
below  Canal  street,  shall  elect  one  Coroner 
for  that  district,  and  the  qualified  electors 
of  the  city  of  New  Orleans  residing  above 
Canal  street,  together  with  those  residing 
in  that  part  of  the  parish  known  as  Orleans, 
right  bank,  shall  elect  one  Coroner  for  that 
district.  All  of  said  officers  shall  hold  their 
office  for  two  years,  and  receive  such  fees  of 
office  as  may  be  prescribed  by  law. 

Which  was  adopted. 

The  original  article  as  thus  amended  was 
adpoted— ayes  i3,  nays  24— as  follows  ; 


j    Ayes :   Antoine,    Baker,    Belden,  Ber- 
tonneau,   Blandin,   Bonseigneur,  Butler, 
Crane.  Donato,  G.  Duparte,  U.  Dupart, 
Duplessis,  Francois,  Gardiner.  Guichard, 
Ingiaham,  E.  H.  IsabeUe,  Thos.  IsabeUe, 
I  J  ones,  Lange,  Lewis.  Meadows,  McLeran, 
,  Morris,  Moses,  YUushaway,  Myers,  New- 
|sham,  Packard,  Pierce,   Pinchback,  Pol- 
ilard,    Eeagan   Eiard.    Eiggs,  Eodriguez. 
i  Smith,    Scott,    Yalfroit,  Yidal,  Wicldiffe, 
I  Williams,  Wilson — 43  yeas. 
I    Nays — Barrett,  Bonnefoi,  Cooley,  Craw- 
i  ford,  Cuney,  Dearing,  Demarest^  Depas- 
;  seau,    Esnard,    Fuller,    Ferguson,  Gair, 
1  Harper,   Harris,  Hempstead,  Kelso,  J.  B. 
I  Lewis,  Ludeling,  Marie,  OUver,  Poindex- 
jter,    Twitchell,   Underwood,  Waples — 24. 
i    By  Mr.  Blandin: 

Article  92,  majority  report,  as  foUows: 
Aet.  94.  The  power    of  imxDeachment 
I  shaU  be  vested  in  the  House  of  Eepresenta- 
fives. 

Adopted. 

By  Mr.  HemiDstead: 
Article  93,  majority  report,  as  follows: 
Aet.  95.  Impeachments  of  the  Gov- 
ernor, Lieutenant  Governor,  Attorney  Gen- 
eral, Secretary  of  State,  State  Treasurer, 
Superintendent  of  Public  Education  and  of 
the  Judges  of  the  inferior  courts,  justices 
of  the  peace  exceped,  shall  be  tried  by  the 
Senate;  the  Chief  Justices  of  the  Supreme 
Court,  or  the  senior  Judge  thereof,  shall 
preside  during  the  trial  of  such  impeach- 
ment. ImiDeachments  of  the  Judges  of  the 
Supreme  Court  shall  be  tried  by  the  Senate. 
When  sitting  as  a  court  of  im23eac]iment, 
the  Senators  shall  be  upon  oath  or  afiirma- 
tion,  and  no  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of 
the  Senators  x:>resent. 

Adoj^ted. 

By  Mr.  Hempstead : 

Article  94,  majority  report,  as  foUows  : 

Art.  96.  Judgments  in  cases  of  impeach- 
ment shaU  extend  only  to  removal  from 
office,  and  disqualification  from  holding 
any  office  of  honor,  trust  or  profit  under 
the  State ;  but  the  convicted  parties  shaU, 
i  nevertheless,  be  subject  to  indictment,  trial 
'  and  punishment  according  to  law. 

Adopted. 

By  Mr.  Underwood  : 
Ai-ticle  107,  minority  report,  as  foUows  : 
Art.  107.  Every  male  person  of  the  age 
of  twenty-one  years  or  upwards,  excepting 
])aupers  under  interdiction,  and  persons 
disfranchised  by  this  Constitution,  who 
shall  be  a  citizen  of  the  United  States,  and 
wlio  shaU  have  been  an  inhabitant  in  tliis 


174 


JOUBXAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


State  Olio  rear  next  preceding  an  election, 
and  tli(^  last  sixty  dfr.'S  within  the  parish  in 
which  he  otters  to  vt)te,  shall  be  deemed  an 
elector. 

Mr..  In  graham  inoA'ed  to  amend  by  strik- 
ing out  all  after  the  %yord  "article,"  and 
inserting  : 

Every  male  person  of  the  age  of  tv/enty- 
one  years,  or  upwards,  Ijorn  or  naturalized 
in  the  United  States,  :ind  subject  to  the 
jurisdiction  thereof,  and  a  resident  of  this 
State  one  year  next  preceding  an  election, 
and  the  last  60  days  within  the  i^arish  in 
Avhich  he  offers  to  vote,  shall  be  deemed  an 
elector,  excex)t  tliose  disfranchised  by  this 
Constitution  and  i^ersons  under  interdic- 
tion. I 

Mr.  Cooley  moved  that  the  Convention 
do  noAv  resolve  itself  into  a  committee  of 
the  whole  to  consider  the  provisions  with 
reference  to  disfranchisement. 

Mr.  Pinchback  moved  to  lay  on  the  table. 

Adopted. 

Mr.  Cooley  moved  to  amend  Mr.  Ingra- 
ham's  substitute  by  striking  out  "  sul^ject  to 
the  jurisdiction  thereof." 

^Mr.  Harj^er  moved  to  table. 

Adopted. 

Mr.  Crane  moved  to  amend  by  striking- 
out  ' '  excei^t  tliose  disfranchised  by  the 
Constitution." 

Mr.  Gair  moved  to  lay  on  the  table. 

Adopted — ayes  36,  nays  28 — as  follows  : 

Yeas — Antoine,  Belden,  Crawford,  Crom- 
well, Cnney,  Deslonde  P.  G.,  Francois, 
Gair,  Gardiner,  Guichard,  Harper,  Hies- 
tand,  Ingraham,  Jones,  Kelso,  Lange, 
Leroy,  Lewis  Richard,  Martin,  Massicot, 
Meadows,  McLeran,  Morris,  Moses,  New- 
sham,  Packard,  Pierce,  Pinchback,  Poin- 
dexter,  Reagan,  Schwab,  Scott,  Yalfroit, 
Waples,  Wicklitfe,  Wilson — -36  yeas. 

Nays :  Baker,  Barrett,  Bertonneau,  Bon- 
nefoi,  Burrel,  Butler,  Cooley,  Crane,  Dear- 
ing,  Demarest,  Donato,  G.  Duparte,  U. 
Duj^art,  Esnard,  Thomas  Isabelle,  Jones, 
J.  B.  Lewis,  Ludeling,  McMillen,  Mush- 
away,  Myers,  Pollard,  Reese,  Riard,  Riggs, 
Rodriguez,  Snider,  Steele,  Williams  —  28 
nays. 

The  question  recurring  upon  the  substi- 
tute of  Mr.  Ingraham,  as  follows  : 

Art.  97.  Every  male  person  of  the 
a^e  of  twenty-one  years  or  upwards,  bom 
or  naturalized  in  the  Unit-ed  States,  and 
subject  to  the  jurisdiction  thereof,  and  a 
resident  of  this  State  one  year  next  preced- 


within  the  parish  in  which  he  offei^  to 
vote,  shall  1oe  deemed  an  elector,  except 
those  disfranchised  by  this  Constitution 
and  persons  under  interdiction. 
It  was  adopted. 

The  question  recurred  upon  the  original 
motion  as  amended,  pending  Avhich,  the 
ConA'ention  adjourned  until  to-morrow  at 
10  o'clock. 

A  true  copy  : 

WM.  VIGERS,  Secretary. 

FORTY-SIXTH  DAY. 

New  Obleans,  Thursday,  Jan.  23,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and,  in  the  absence  of  the  President^ 
Avas  called  to  order  by  Mr.  Cooley. 

The  roll  was  called,  and  the  following 
members  ansAA'^ered  to  their  names : 

Messrs.  Antoine,  Baker,  Barrett,  Blandiii, 
Bonnefoi,  BroAvn,  Burrel,  Butler,  Cooley, 
Crane,  Cromwell,  Cuney,  Dearing,  De- 
marest, Depasseau,  P.  G.  Deslonde,  Do- 
nato,  U.  Dupart,  Duplessis,  Esnard,  Fran- 
cois, Fuller,  Ferguson,  Gair,  Guichard, 
Harper,  Harris,  Hempstead,  Ingi-aham, 
R.  H.  Isabelle,  T.  Isabelle,  Jones,  Kelso, 
Lange,  Leroy,  J.  B.  LeAvis,  R.  Lewis, 
Ludeling,  Marie,  Martin,  Meadows,  Mc- 
Leran, Morris,  Moses,  Mushaway,  New- 
sham,  Oliver,  Packard,  ^^ierce,  Reagan, 
Reese,  Riard,  Riggs,  Roberts,  Rodriguez, 
Snaer,  Scott,  Snider,  Steele,  Thibaut, 
TAvitchell,  Underwood,  Yalfroit,  Yander- 
gritf,  Waples,  Wickliffe,  Williams,  Wil- 
son— 68  members  present. 

Prayer  by  the  Rev.  Josiah  Fisk. 

The  minutes  Avere  read  and  adopted. 

Mr.  Fuller  Avas  excused  from  attendance 
on  account  of  the  serious  illness  of  his  col- 
league. 

OEIGINAIi  EESOLUTIONS. 

By  Mr.  Harper: 
Resolved,  That  the  State  Treasurer  be 
hereby  authorized  to  pay  no  money  from 
the  treasury,  received  by  him  in  pursuance 
of  the  ordinance  adopted  by  this  ConA'-en 
tion  December  12,  1867,  to  defray  its  ex- 
penses as  herein  provided. 

Resolved,  That  whenever  so  ordered,  thfi 
State  Treasurer  shall  inform  the  Conven- 
tion of  the  amount  of  money  raised  ia 
pursuance  of  the  above  mentioned  ordi 
nance,  and  that  Av'hen  this  amount  of  money 
is  so  ascertained,  the  W^arrant  Clerk  shaH 
forthwith  issue  or  endorse  warrants  of 
equal  amounts  of  money  to  each  member, 


iiig  an  election,  and  the  Isvst  sixty  days  ^officer  or  employe  of    thQ  Conyeatioa. 


JOUEXAL  OF  THE  CONSTITUTIOXAL  COXYEXTIOX.  m 

A.ncl  second,  upon  the  second  sentence,  -ai 


Said  warrants  to  be   endorsed  ''special 
^vprrants,"  which  warrants  shall  be  paid  on|fQiiQ^-g. 
orc-sentation,  by  the  Treasurer  of  ^tate. 
Resolved,  That  when  the  Constitution,  to 

adopted  by  this  Convention,  shall  be 

iiitted  to  the  j)eople  for  ratification, 

-  J  resolutions  shall  be  null  and  void. 

'  <oire<:l.  That  a  copy  of  these  resolutions 
immediately  furnisliei.i   lo    the  State 

-urer  for  his  informutiou  uiid  gaiihiii-r. 

Lies  over. 

By  3Ir.  Cromvrell:  * 

Wheheas.   Cougi\---^  made  it  obii. 
m  each  of  the  unrccuii^tructed  St;., 
idoi^t  the  Constitutional  Amendment  iiiiov^  u 
IS  the  lltli  article  of  the  United  States 
Constitution :  tlii;  ref ■  >!  e. 

Be  it  or<<iii >:;!  1h>'  [>eoph  of  Lo'.'iso.'"" 
'.)!  Conreyfi'ni  ustiemhieiL  That  we  do  ordain 
md  adopt  the  jiroposed  amendment  to  tht 


first 
aves 


No  elector  shall  be  permitted  to  vote  at 
any  election  who  shall  not  have  paid  the 
taxes  due  by  him  to  the  State  at  the  time 
he  offers  to  vote. 

The  question  recm-ring  upon  the 
part  <'i  the  amendment,  it  was  lost- 
^.  ii;iy-  ."^i;— as  follow-; 

Yeas:  Barrett.  Cooley.  Crav,-ford.  Dearing. 
Ferguson.  Mc^MiUen.  Snider,  AYaples— !^ 
"■?a-<. 

Xays  :  Antoine,  Belden.  Bertonneau, 
Blandin,  Bonseigneur.  Bonnef  )i.  Brown. 
Burrel.  Butler.  Crane.  Crumweli.  Deslonde 
P.  G.,  Donato.  Douul 


plessis,  Esnard.  Fnau- i 
(ruichard,  Harper. 
Tn£iraham.  Isabelh^  Pv. 


Constitution       +116  United  States,  known  Jones,  Lange.  Marie 
IS  the  14th  article  of  the  Constitution. 
Lies  over. 

Mr.  Baker  called  up  his  resolution  of 
fanuary  22. 
Laid  on  the  table. 


A[oad':>ws.  IMoses. 
sham.  Packard.  Pierce 
dexter.  Pollard.  Eea; 
ivodri^ruez.  Smith.  Sn; 


v<.  Cx.  Duparte.  Du- 
(-rair.  (.Tardiner. 
Harris.  Hiestand, 
H..  Isabelle  Thos.. 

Jiartin.  3Iassicr>t, 
r\iusha'\\-ay.  Xew- 
Pinehback,  Poin- 
in.    Eiard.  Eiggs, 
er.  Scott.  Thibaut. 


STAXDINCt  .COMmTTE&S. 

Committee  on  Printing— Xo  report. 
Committee  on  Enrollment — Xo  report. 
Committee  on  Contingent  Exi^euses — Xo 
eport. 

rXFIXISHED  TiUSIXESS. 

The  motion  of  Mr.  Underwood  to  adopt 
irfciele  107,  minority  report,  as  amended  i)y 
he  substitute  of  Mr.  Ingraham,  being  un- 
ler  consideration. 

Blr.  Moses  moved  to  reconsider  the  vote 
ast  taken. 

Mr.  Ingraham  ni'^vi^il  to  lay  the  motion 
o  reconsider  on  the  taljle. 
Adopted. 

Mr.  "Waples  moved  to  amend  by  adding 
ill  that  part  of  article  95,  majority  report, 
rom  the  word  ''no."'  in  the  11th  line. 
*Mr.  Meadows  moved  to  amend  by 
itrildng  out  ••'ls72."'  and  inserting  "1999."" 
Laid  on  the  tal)le. 

On  motion  of  Islv.  Brown,  the  motion 
ipon  the  amendment  of  Mr.  Waples.  was 
livided,  first,  upon  the  first  sentence  of 
unendment,  as  follows  : 

Ko  person  who  shall  attain  the  age  of 
rwenty-one  years  after  the  first  day  of  Jan- 
lary,  eighteen  hundred  and  seventy-two. 
>r  who  shall  come  into  the  State  after  that 
lay,  shall  be  allowed  to  vote  until  he  can 
ead  and  write. 


Tinchant,     UnderM-ocnl.    A'alfroit.  Vidal, 
:  Wickhfte,  AVilliams,  Wilson — 5(5  nays. 
I    The  question  recurring  upon  the  second 
'  part  of  the  amendment,  it  was  lost — ayes 
'  18.  nays  48 — as  fc)llows ; 

Yeas:  Barrett.  Bonnefoi,  Brown.  Cooley, 
Crawford,  Dearingj  P.        Deslonde,  Du- 
:  plessis,  Ferguson,   T.  Isabelle.  E,  Lewi.^. 
Moses.     Mushaway,     Pinehback,  Eiard, 
Smith.  Snider.  Waples — ayes  is. 

X'ays :  Antoine.  Beku-n,  Bertonneau.  Blan- 
'  din,  Bonseigneur.    Burrei,    Butler.  Crane, 
,  Cromwell,  Donato, Douglass.  G.  Duparte,  U. 
Dui^art.  Esnard.  Francois.  Gair.  Gardiner. 
Guichard.  Harris.  Hic-tand.  Liaridiam,  E. 
H.  Isabelle.  Jones.  Kelso,  Lange,  3Iarie, 
3Ieadows. 


Martin,  Massicot,  3Ieadows.  McMiUen, 
Xevs-sham,  Packard.  Pierc:-'.  Poindexter. 
PolL.rd,  Eeagan.  Eigg^.  Eudriguez,  Suaer, 
Scott,  Thibaut.  Tinchant,  F^nderwood,  Yal- 
froit.  Yidal,  Wickliffe,  Williams,  Wilson- 
nays  48. 

3rr.  Crawford  moved  to  amend  by  strik- 
ing out  the  words  • -those  under  interdic- 
tion. 

Laid  on  the  tab  le. 

Mr.  Bertonneau  moved  to  amend  by  add- 
the  iiig*  "^dio  have  paid  their  poll  tax." 
Laid  on  the  table. 

Mr.  Lange  moved  to  amend  by  striking 
'  out  the  words  "disfranchised  by  this  Con- 
stitution," and  inserting  "tho^e  disfran- 
chised by  the  Congress  of   the  Umted 
[  States." 


176 


JOUKNAL  or  THE  CONSTITUTIONAL  CONVENTION. 


Laid  on  the  table. 

The  previous  question  Avas  demanded, 
and  the  question  recurring  upon  the  origi- 
nal motion  to  adopt  article  107,  as  amended 
by  the  motion  of  Mr.  Ingraliam,  the  article 
reading  as  follows : 

Aet.  97.  Every  male  i^erson  of  the  age  of 
21  years  or  upwards,  born  or  naturalized 
in  the  United  States  and  subject  to  the 
Jurisdiction  thereof,  and  a  resident  of  this 
State  one  year  next  preceding  an  election, 
and  the  last  sixty  days  within  the  Parish  in 
which  he  offers  to  vote,  shall  be  deemed  an 
elector,  except  those  disfranchised  by  this 
Constitution,  and  i^ersons  under  interdic- 
tion. 

Was  adopted — ayes  35,  nays  31 — as  fol- 
lows : 

Yeas:  Antoine,  Belden,  Blandin.  Brown, 
Burrel,  Butler,  Cromwell,  Douglass,  Gair, 
Gardiner,  Harper,  Harris,  Hiestand,  In- 
graham,  E.  H.  Isabelle,  Jones,  Keiso,  E. 
Lewis,  Martin,  Massicot,  Meadows,  Moses, 
Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Schwab,  Snaer,  Scott.  Tincliant, 
Twitchell,  Wicklifle,  Williams,  Wilson— 
35  ayes. 

Nays:  Barrett,  Bertonneau,  Bonnefoi, 
Cooley,  Crane,  Crawford,  Bearing,  Demar- 
est,  P.  G.  Deslonde,  Donato,  G.  Duparte, 
Duplessis,  Esnard,  Francois,  Fullf^r,  Fergu- 
son, Guichard,  Tlios.  Isal^elle.  Lange,  Lude- 
ling,  Marie,  McMillen,  Musliaway,  Eeagan, 
Reese,  Riard.  Eiggs,  Rodriguez,  Thilxaut, 
Valfroit,  Vidal— nays  31. 

Mr.  Tincliant  sent  to  the  Secretary  the  fol- 
lowing reasons  for  his  vote  : 

Although  I  am  opposed  to  the  words 
"disfranchised  by  this  Constitution,"  con- 
tained in  the  proposed  substitute,  I  shall 
vote  in  the  afiftrmative  for  the  adoption  of 
the  article. 

Mr.  McMillen  was  called  to  the  chair. 

Mr.  Packard  moved  to  amend  article  96, 
majority  report,  by  striking  out  all  after 
the  word  "article,"  and  inserting: 

The  following  persons  shall  be  prohibited 
from  voting  or  from  holding  any  office  of 
honor,  trust  or  ijrofit  in  this  State,  to  wit : 

All  persons  who  having  previously  taken 
an  oath  as  a  member  of  Congress  or  as  an 
officer  of  the  United  States  or  of  any  State 
Legislature,  or  as  an  executive  or  judicial 
officer  of  any  State,  to  support  the  Consti- 
tution of  the  United  States,  shall  have  en- 
gaged in  insurrection  or  rebellion  against 
the  same,  or  given  aid  or  comfort  to  the 
enemies  thereof.  The  words  "executive 
mid  judicial  officers"  shall  be  held  to  include 


f  all  State,  i^arish  and  municiiDal  officers  pr 
!  vided  by  law.  ; 
j  All  persons  who  shall  have  been  convict-j 
:  ed  of  treason,  i^erjury,  forgery,  bribery  oi 
I  other  crimes  punishable  by  imprisonment 

at  hard  labor.  , 
j    All  paui^ers  and  persons  under  interdici 

tion.  ,1 
j  All  leaders  or  officers  of  guerilla  bands 
j  drrring  the  late  war  or  rebellion.  , 
i     Tliose  who  during  the  rebellion  inflicted 

or  caused  to  be  inflicted  any  cruel  or  un- 
I  usual  punishment  upon  any  soldier,  sailoij 
t  marine,  employee  or  citizen  of  the  United 
I  States,  or  who  in  any  other  way  violated 
.  the  rules  of  civilized  warfare.  \ 
i  Members  of  the  Secession  Conventioli 
I  who  voted  for  or  signed  the  Ordinance 
:  of  Secession;  Pro r/Vfc(/,  The  General  As  i 
I  sembly,  by  a  two-thirds  vote  of  each  House.  ! 
I  remove  such  disability.  i 
I    Mr.  Cooley  moved  to  amdhd  the  amendvi 

ment  by  striking  out  all  after  the  word  "arti- 1 

cle,"  and  inserting:  ^ 

ij 

The  following  persons  only  shall  be  ex- 
cluded from  the  exercise  of  the  elective 
franchise  in  the  State,  viz:  The  Presideni 
and  Vice-President  of  the  late  so-called! 
Confederate  States;  members  of  the  Cabi-| 
net,  of  the  Congress,  and  dix)lomaticagent{j 
of  the  said  so-called  Confederate  States] 
Governors  of  the  several  States  lately  in! 
rebellion;  all  who  were  educated  at  the  ex'i 
pense  of  the  United  States,  either  at  thfi 
Military'  or  Naval  Academy,  and  subse-j 
quently  aided  and  assisted  to  rebellion;  and' 
all  oflicers  of  the  army  of  the  late  so-called 
Confederate  army,  above  the  grade  oi 
Brigadier  General.  All  those  who  may  be 
adjudged  guilty  of  treason,  bribery,  forgerji 
and  such  other  crime  as,  under  the  laws  ojl 
the  State,  is  punishable  by  imprisonment 
at  hard  lal^or  in  the  State  Penitentiary.  j 

Pending  its  consideration,  the  Convene 
tion  adjourned  until  to-morrow  at  10  a.  M. 

A  true  copy: 

WM.  VIGERS,  Secretary.  ! 

FORTY-SEVENTH  DAY. 
New  Oeleans,  Friday,  Jan.  24,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  Mr.  Mc- 
Millen, in  the  absence  of  the  President. 

The  roll  was  called  and  the  following! 
members  answered  to  their  names: 

Messrs.  Baker,  Barrett,  Belden,  Black- 
burn, Blandin,  Bonnefoi,  Burrel,  Butler, 
Cooley,  Crane,  Cromwell,  Cuney,  Dear- 
ing,  Bemarest,  Depasseau,  P.  G.  Deslonde, 
G.  DnpartOj  U.  Dupart,  DuplessiSj  Fran- 


JOUEXAL  OF  THE  CONSTITUTIONAL  CONVENTION, 


177 


Fuller,   Ferguson,    Gaii-,  Gardiner, 
uichard,  Harris,  Harrison,  Hempstead, 
raliam,  E.  H.  IsabeUe,  Thos.  Isabelle, 
mes,  Kelso,  Lange,  Leroy,  J.  B.  Levds, 
Le-^-is,  Ludeling,  Marie,   Martin,  Mea- 
McL&rau,  McMillen,  Morris,  Moses, 
yers,  Oliver,  Packard,  Pierce,  Pinclib-ack, 
3indexter,  Pollard,  Eaese,  Eiard,  Eiggs, 
rigucz.   Smith.   vSnaer,   Scott,  Snider. 
eele7   Tvdtoiiell,    Undorv\-ood,  Yalfroit, 
mdergrilf,  Wickliffe,  Williams,  Wilson — 
mbers  present. 

ayer  bv  the  Eev.  Jos.  Fisk. 
The  minutes  T>-ere  read  and  adopted. 

OEIGES'Ai  EESOLUTIONS. 

By  Mr.  Pierce : 

Resolved,    That  there  be  neither  more 
less  disfranchised  than  those  that  Con- 
ess  has  disfranchised. 
Lies  over. 

UNPINISHED  BUSINESS. 

Mr.  Cooley's  amendment  to  the  substi- 
of  Mr.  Packard  for  article  96,  majority 
)ort,  being  in  order. 

Mr.  Smith  moved  to  amend  by  inserting 
egistered  enemies." 

aid  on  the  table. 
Mr.  Crane  moved  to  amend  by  striking 
'elective  franchise,"  and  inserting  "the 
ht  of  holding  office." 
Che  President  resumed  the  chaii'. 
yir.  McMillen  moved  to  lay  the  amend- 
,nt  of  Mr.  Crane  en  the  table. 

dopted — ayes  58,  nays  14 — as  follovrs: 
Teas:  Antoine,  Baker,  Belden,  Berton- 
Blackburn,   Blandin,    Bonseigneur,  | 
tier,  Cromwell,  Cuney,  P.  G.  Deslonde,  i  line,  and 
Duparte,  U.  Dupart,  Duplessis,  Esnard, , 
mcois,  Gair,  Guichard,  Harper,  Harris, 
rison,  Ingraliam,  E.  H.  Isabelle,  Jones, 
Iso,  Lange,  Leroy,  E.  Lewis,  Ludeling, 
ie,  Martin,  Meadows,  McLeran,  Mc- 
llen,  Morris,  Moses,  Newsham,  Pack- 
Pierce,  Poindexter,  Pollard,  Eeagan, 
ird,   Eiggs,   Eodriguez,   Smith,  Scott, 
.der,  Steele,  Thibaut,  Tinchant,  Under- 
3d,  Yalfroit,  Yandergriff,  Waples,  Wick- 
Williams,  Wilson — 58  ayes, 
^ays:  Barrett,  Bonnefoi,  Burrel,  Cooley, 
ine,  Crawford,  Dearing,  Donato,  Doug- 
Thos.   Isabelle,   Mushaway,  Myers, 
erts,  Yidal — 14  nays. 
ILr.  Eodriguez  moved  to  lay  the  amend- 
t  of  Mr.  Cooley  on  the  table. 
doi)ted. 

Ir.   Newsham    moved    to  amend  the 
sndment  of  Mr.  Packard  by  striking  out 
after  the  T7ord  "article"  and  inserting; 
13 


No  iDerson  excluded  under  the  ^Dro visions 
of  the  Military  Eeconstruction  biU  of  Con- 
gress, or  who  refused  to  accept  the  privi- 
leges granted  by  said  act,  or  rf-gisteied  him- 
self as  an  enemy  of  the  Fjiit-il  States  Gov- 
ernment, shaU.  hereafter  he  entitled  to  vote 
or  be  eligibie  to  any  office  of  trust  or  profit 
in  this  State. 

Laid  on  the  table. 

Z\Ir.  Yricklifie  moved  to  amend  the  sub- 
stitute of  Mr.  Packard  1  jy  ~  triking  out  aD. 
after  the  word  "articL-."  an;!  inserting; 

Aeticle  —  No  X3er.'<.  n  ^li  ill  vote  or  hold 
any  office  of  trust  or  profit  under  the  State, 
either  by  election  or  appointment,  who  is 
rendered  incapable  of  holding  office  by  the 
third  section  of  the  foui'teenth  constitu- 
tional amend  ment,  passed  June  13,  18(6, 
and  who  has  been  excluded  from  the  pri-^- 
ilege  of  voting  In  this  State  by  virtue  of  the 
fifth  and  sixth  sections  of  the  Eeconstruc- 
tion Act  of  Congress,  entitled  "An  act  to 
provide  for  the  more  efficient  governments 
of  the  rebel  States,"  passed  March  2,  1867, 
and  also  by  virtue  of  the  first  section  of  the 
Supplementary  Act   of  Congress   to  said 


biU,  passed  M?.rch  23,  1867;  Provided, 
That  the  General  Assembly  of  this  State 
may,  by  a  two-thirds  vote  of  both  Houses 
remove  such  disability  in  regard  to  the 
right  of  franchise,  in  indi^-idual  cases  where 
returning  loyalty  to  the  General  Govern- 
ment is  satisfactorily  shown. 

Mr.  Pinchback  was  called  to  the  chair. 
Mr.  Cooley  moved  to  amend  the  amend- 
ment of  Mr.  Wickhfi'e  bytstriking  out  the 
words  after  "appointment  who,"  in  the  3d 
jline,  to  the  word  "  provided,"  in  the  12th 
inserting  "  aR  persons  who  shaU 
have  been  convicted  of  treason,  perjury, 
forgery,  bribery,  or  other  crimes  punishable 
by  imprisonment  at  hard  labor,  and  persons 
under  interdiction." 

On  motion,  the  Convention  adjourned 
until  to-morrow  at  10  a.  m. 
A  true  copy; 

WM.  M:GEES,  Secretary. 


FOETY-EIGHTH  DAT. 
New  Oeleans,  Saturday,  Jan.  25, 1868. 
The  Convention  met  piu'suant  to  adjourn 
ment,  and  was  called  to  order  by  the  Presi 
dent  at  10  a.  m. 

The  roll  was  called  and  the  following 
members  answered  to  their  names ; 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine, Barrett,  Bertonneau,  Blandin,  Brown, 


178  JOUENAIi  OF  THE  GONS^ 

Cooley,  Crane,  Crawford,  Ciiney,  Dearing, 
Depasseau,  P.  G.  Deslonde,  Donato,  G.  Du- 
parte,  U.  Dupart,  Duplessis,  Esnard, 
Eran(?ois,  Ferguson,  Gair,  Gardiner,  Gui- 
chard,  Harper,  Harris,  Harrison,  Hemp- 
stead, T.  Isabelle,  Jones,  Kelso,  Landers, 
Lange,  J.  B.  Lewis,  R.  Le"svis,  Ludeling, 
Marie,  Moses,  Murrel,  Musha,w^ay,  Myers, 
Newsliam,  Oliver,  Packard,  Pierce,  Pinch- 
back,  Poindexter,  Pollard,  Reagan,  Riggs, 
Rodriguez,  Snaer,  Scott,  Snider,  Steele, 
Thibaut,  Tv/itcliell,  Underwood,  Valfroit, 
Vandergriff,  Y/ickliffe,  Williams,  Wilson — 
62  members  present. 

The  minutes  were  read  and  adopted. 

KEPOETS  03?  STANDING  COMMITTEES. 

Committee  on  Printing — No  report. 
Committee  on  Enrollment — No  report. 
Committee  on  Contingent  Expenses — No 
report. 

SPECIAL  COMMITTEES. 

The  special  committee  to  whom  was 
referred  the  bill  of  the  Gas  Company, 
through  Mr.  Bertonneau,  Chairman,  sub- 
mitted the  following  report : 

To  tae  President  and  members  of  the  Constitutional 
Convention  of  tlio  State  of  Louisiana : 

Gentlemen — Your  committee  appointed 
to  investigate  the  bill  of  the  Gas  Light 
Company  beg  leave  to  submit  the  follow- 
ing rejDort  : 

After  due  consideration  of  the  matter, 
they  respectfully  recommend  the  payment 
of  said  bill  by  the  Convention. 

[Signed.]  A.  Bertonneau, 

De.  J.  B.  Lewis, 
^     D.  Douglas, 

Which  was  received  and  the  bill  ordered 
to  be  paid. 

Mr.  Cooley  presented  a  bill  for  coal  fur- 
nished the  Convention,  which  was  ordered 
to  be  paid. 

Mr.  Harper  called  up  his  resolutions 
lying  over  from  January  23,  as  follows: 

Resolved,  That  the  State  Treasurer  be 
hereby  authorized  to  pay  no  money  from 
the  treasury,  received  by  him  in  pursuance 
of  the  ordinance  adopted  by  this  Conven- 
tion December  24,  1867,  to  defray  its  ex- 
penses herein  provided, 

Resolved,  That  whenever  so  ordered,  the 
State  Trea^surer  shall  inform  the  Conven- 
tion of  the  amount  of  money  raised  in 
pursuance  of  the  above  mentioned  ordi- 
nance, and  that  when  this  amount  of  money 
is  so  ascertained,  the  Warrant  Clerk  shall 
forthwith  issue  or  endorse  warrants  of 
equal  amounts  of  money  to  each  member, 
officer  or  employee  of  the  Convention. 
waiTants  to  be  endorsed  "special 


CITUTIONAL  CONVENTION. 

warrants,"  which  warrants  shall  be  paid  on 
presentation,  by  the  Treasurer  of  State. 

Resolved,  That  when  the  Constitution,  to; 
be  adopted  by  this  Convention,  shall  be 
submitted  to  the  people  for  ratification, 
these  resolutions  shall  be  null  and  void.  , 

Resolved,  That  a  copy  of  these  resolutions 
be  immediately  furnished  to  the  State 
Treasurer  for  his  information  and  guidance. 

Which  was  laid  on  the  table. 

The  following  communication  from  thei 
Hon.  H.  Peralta,  Auditor  of  State,  was  re- 
ceived : 

Hon.  d.  Gr.  Taliaferro,  President  of  tlie  State  Con- 
ventiou : 

SiE — In  answer  to  a  resolution  inquiring 
from  me  the  amount  of  tax  received  for  the, 
benefit  of  the  Convention  and  to  whom 
any  portion  of  the  same  has  been  paid. 

I  beg  to  answer  that. 

The  Pirst  District  has  paid  $231  62 

The  Second  District  has  paid   107  87 

The  Third  District  has  paid   167  00 

The   Fourth  District  has  paid   18  5i 

The  Parish  of  Jefferson  has  paid .     61  97 

Total  received   $587  00 

And  that  the  following  amounts  have  been 
paid : 

To  Hon.  W.  H.  Cooley  $290  00 

To  Hon.  H.  Bonseigneur   70  OG 

To  Hon.  E.  Tinchant   165  00 


Total   $525  OO 

Balance  remaining  unpaid   $62  OO 

Eespectfully,  H.  Peealta. 

Mr.  Harper  moved  to  take  uxi  his  resolu-; 
tion  from  the  table. 
Lost. 

unfinished  business. 
Mr.  Cooley's  amendment  to  the  substi- 
tute of  Mr.  Wickliffe  for  Mr.  Packard's 
motion  was  under  consideration.  i 
Mr.  Belden  was  called  to  the  chair. 
At  4  p.  M.  the  Convention  adjourned  un- 
til Monday  at  10  a.  m. 
A  true  copy: 

WM.  VIGEES,  Secretary, 

FOKTY-NINTH  DAY. 

New  Obleans,  Monday,  Jan.  27,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment and  was  called  to  order  by  the  Presi- 
dent at  10  A.  M. 

The  roU  was  called  and  the  following 
members  answered  to  their  names: 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


179 


'J.  G.  Taliaferro,  President ;  Messrs.  An- 
oine,  Baker,  Barrett,  Blackburn,  Blandin, 
Jonnefoi,  Brown,  Burrel,  Butler,  Crane, 
3roniweU,  (Juney,  Dearing,  Depasseau, 
)onato,  Dupart  U.,  Gair,  Guicliard,  Har- 
ler,  Harris,  Ingi-aham,  Isabelle  E.  H, ,  Isa- 
leUeThos.,  Jones,  Kelso,  Landers,  Leroy, 
jewisJ.  B.,  Lewis  R.,  Ludeling,  Marie, 
'lartin.  Meadows,  McLeran,  Morris, 
-loses,  Mushaway,  Myers,  Oliver,  Packard, 
'ierce,  Poindexter,  Pollard,  Reagan, 
leese,  Riard,  Roberts,  Rodriguez,  Snaer, 
Icott,  Snider,  Steele,  Tliibaut,  Twitcliell, 
Jnderwood,  Y^froit,  Vandergriff,  Wai^les, 
Vickliffe,  Williams,  "Wilson — 62  members 
iresent. 

Prayer  by  the  Rev.  Jos.  Fisk. 

The  minutes  wer®  read  and  adopted. 

OEIGINAIi  EESOIiUTIONS. 

By  Mr.  W.  L.  MoMiUen: 

Resolved,  That  two  hundred  copies  of  the 
rdinance  of  January  4,  1868,  and  all  sub- 
equent  ordinances  and  resolutions  regu- 
iting  the  collection -and  disposition  of  the 
pecial  tax  to  defray  the  expenses  of  this 
Convention  be  printed  for  distribution  to 
lie  Sheriffs  and  tax  collectors  of  the  State. 

Mr.  McMillen  moved  to  suspend  the 
ales  to  put  the  resolution  upon  its  final 
lassage. 

Adopted. 

And  the  resolution  was  adopted. 
By  Mr.  McMiUen : 

Be  it  ordained  hy  the  Constitutional  Con- 
tention of  the  State  of  Louisiana,  That  the 
ax  collectors  of  the  parishes  of  Orleans  and 
efferson  be  authorized  to  refund  to  the 
lersons  who  have  already  paid  the  penalty 
3vied  by  virtue  of  section  third  of  the 
irdinance  adopted  on  the  4th  of  January, 
i868,  have  the  amount  of  the  penalty  re- 
unded- 

The  rules  were  suispended  and  the  reso- 
ation  was  adopted. 

The  Secretary  was  instructed  to  furnish 
opies  of  the  resolution  immediately  to  the 
Luditor  of  PubKc  Accounts. 

By  Mr.  Cromwell: 

Whebeas,  Congress,  by  special  enact- 
aents  passed  March  2,  1867,  and  March  23, 
867,  and  all  the  supplements  thereto,  for 
lie  more  efficient  governments  of  the  rebel 
itates,  and  by  said  acts  certain  persons  are 
►rohibited  from  voting  or  holding  office 
mder  said  acts  passed  March  2,  and  23, 
867,  and  the  supplements  thereto;  there 
ore,  we  the  people  of  Louisiana  in  Con- 
■ention  assembled,  to  frame  a  Constitution 
ind  civil  government,  do  ordain,  establish 


and  declare,  that  no  person,  that  was  pro- 
hibited and  denied  the  right  to  vote  for 
members  or  delegates  to  this  Convention, 
by  reasons  of  such  persons  having  volunta- 
rily taken  an  oath  to  support  and  defend 
the  so-called  Confederate  States  of  America, 
are  declared  to  be  JlLiens  by  this  Conven- 
tion. But  the  General  Assembly  may,  by  a 
vote  of  two-thirds  of  each  House,  remov© 
such  disability. 
Lies  over. 

EEPOKTS  OE  STANDING  COMMITTEES. 

Committee  on  Printing — No  report. 
Committee  on  Enrollment — No  report. 
Committee  on  Contingent  Expenses — No 
report. 

UKFINISHED  BUSINESS. 

The  amendment  of  Mr.  Cooley,  to  tho 
substitute  of  Mr.  Wickliffe,  to  Mr.  Pack- 
ard's motion,  being  under  consideration. 

Mr.  Burrel  moved  to  lay  it  on  the  table. 

Adopted — ayes  34,  nays  33— as  follows: 

Yeas:  Belden,  Brown,  Burrel,  Cromwell, 
Jos.  Deslonde,  Francois,  Guir,  Gardiner, 
Harper,  Harris,  Hempstead,  R.  H.  Isa- 
belle, Jones,  Leroy,  R.  Lewis,  Marie, 
Meadaws,  Jk3  orris,  Moses,  Murrel,  New- 
sham,  Oliver,  Pa<;kard,  Pierce,  Poindexter, 
Pollard,  Reagan,  Reese,  Scott,  Snider,  Vi- 
dal,  Waplei,  WickJiffe,  Wilson — 34  nays. 

Nays:  Baker,  Barrett,  Bertonneau,  Blan- 
din, Bonnefoi,  Butler,  Cooley,  Crane, 
Crawford,  Dearing,  Damarest,  Depasseau, 
Douglas,  U.  Dupart,  Duplessis,  Fuller, 
Harrison,  Ingraham,  Thos.  labelle,  Kelso, 
Ludeling,  Lynch,  McMillen,  Mushaway, 
Myers,  Riard,  Biggs,  Rodriguez,  Smith, 
Steele,  Tinchant,  VandergTiff,  Williams — 
33  nays. 

Mr.  McMillen  moved  to  amend  the  sub- 
stitute of  Mr.  Wickliffe  by  striking  out  all 
after  the  word  ''article,"  and  inserting 
the  following: 

Art.  — ,  The  foUo^^dng  persons  shall  be 
prohibited  from  voting  or  holding  any 
office  of  honor,  trust  or  profit  in  this  State, 
to  wit :  All  persons  who  shall  have  been  con- 
victed of  treason,  perjury,  forgery^  bribery, 
or  other  crime  punishable  by  imprisonment 
at  hard  labor ;  all  paupers  and  persons 
under  interdiction  ;  and  all  leaders  or 
officers  of  guerilla  bands  during  the 
late  war  or  rebellion,  and  all  persons  who, 
during  the  rebellion,  inflicted  or  caused  to 
be  inflicted  any  cruel  or  unusual  punishment 
upon  any  soldier,  sailor,  marine,  employee 
or  citizen  of  the  United  States,  or  who  in 
any  other  way  violated  the  rules  of  civilized 
warfare.  No  person  shall  hold  any  office, 
civil  or  military,  under  this  State,  who, 
having  previously  taken  an  oath  as  a  meia- 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


I 


^80 

Iber  of  Congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  State 
LegislatiTre,  or  as  an  executiA-e  or  judicial 
officer  of  any  State,  to  support  the  Constitu- 
tion of  the  United  States,  shall  have  en- 
gaged in  insurrection  or  rebellion  against 
the  same,  or  given  aid  and  comfort  to  the 
enemies  thereof.  But  the  Legislature  may, 
by  a  vote  of  two-thirds  of  each  House,  re- 
move such  disability. 

Which  was  laid  on  the  table— ayes  38, 
nays  33 — as  follows: 

Yeas:  Bonnefoi,  Brown,  Burrel,  Butler, 
Crawford,  Cromwell,  Dearing,  Demarest, 
J.  Deslonde,  U.  Duparte,  Erancois,  Euller, 
Gardiner,  Harper,  Harris,  Hempstead,  B. 
H.  Isabelle,  Jones,  Lange,  Ludeling,  Marie, 
Martin,  Moses,  Myers,  Oliver,  Packard, 
Pierce,  Poindexter,  Pollard,  Beagan,  Biggs, 
Scott,  Tinchant,  Vidal,  Waples,  Wickliffe, 
Williams,  Wilson — 38  ayes. 

Nays:  Antoine,  Baker,  Barrett,  Belden, 
Bertonneau,  Blackburn,  Blandin,  Cooley, 
Crane,  Depasseau,  Douglas,  Duplessis, 
Gair,  Ingraham,  T.  Isabelle,  Kelso,  Leroy, 
Lynch,  Meadows,  McLeran,  McMillen, 
Morris,  Murrel,  Mushaway,  Newsham, 
Beese,  Biard,  Bodriguez,  Smith,  Snider, 
Steele,  Thibaut,  Vandergriff — 33  nays. 

Mr.  Barrett  was  caUed  to  the  chair. 
Mr.  Hempstead  moved  to  reconsider  the 
Tote  last  taken. 
Lost. 

Mr.  Cooley  moved  to  take  uj)  from  the 
table  his  amendment. 
Adopted. 

Mr.  Cooley  moved  to  adopt  the  amend- 
ment and  the  previous  question  was  de- 
manded by  a  majority  of  the  delegates. 

Mr.  Tinchant  moved  to  reconsider  the 
demand  for  the  previous  question. 

The  Chair  decided  that  such  a  motion 
■was  not  in  order. 

Mr.  Ludeling  appealed. 

The  Chair  was  not  sustained. 

The  question  upon  the  reconsideration 
of  the  demand  for  the  previous  question 
being  put  to  a  vote,  it  was  lost. 

Mr.  Tinchant  moved  to  lay  the  amend- 
ment of  Mr.  Cooley  on  the  table. 

Lost— ayes  31,  nays  47 — as  follows: 

Ayes:  Brown,  Burrel,  Butler,  Cromwell, 
Prancois,  Gair,  Gardiner,  Harper,  Harris, 
R.  H.  Isabelle,  Jones,  Lange,  Leroy,  B. 
Lewis,  Marie,  Martin,  Morris,  Moses,  Mur- 
iel, Newsham,  Packard,  Pierce,  Poindex- 
terj  PoUard,  Beagan,  Schwab,  Scott,  Un- 


derwood, Wickliffe,  WiUiams,  Wilson — 31 
ayes. 

Nays :  Antoine,  Baker,  Barrett,  Ber-, 
tonneau,  Blackburn,  Blandin,  Bonnefoi," 
Cooley,  Crane,  Crawford,  Dearing  De- 
marest, Dex^asseau,  Jos.  Deslonde,  Donato,,' 
Douglas,  U.  Dupart,  Duplessis,  Euller, 
Eerguson,  Guichard,  Harrison,  Hemp- 
stead, Ingraham,  Thos.  Isabelle,  Kelso, 
Landers,  Ludeling,  Lynch,  Massicot,  Mea- 
dows, McLeran,  McMillen,  Mushaway,, 
Myers,  Beese,  Biard,  Biggs,  Bodriguez, 
Smith,  Snaer,  Snider,  Steele,  Thibaut, 
Tinchant,  Twitchell,  Yidal — 47  nays. 

Mr.  Crane  was  called  to  the  chair.  | 

The  question  recurring  upon  the  motion  j 
to  adopt  Mr.  Cooley's  amendment,  it  v/'as  ! 
lost — ayes  40,  nays  41 — as  follows : 

Ayes:  Antoine,  Baker,  Barrett,  Berton- 
neau, Blackburn,  Bonnefoi,  Cooley,  Crane, 
Crawford,  Dearing,  Demarest,  Depasseau, 
P.  G.  Deslonde,  Jos.  Deslonde,  Donato^ 
Douglas,  Duplessis,  Euller,  Eerguson, 
Guichard,  Harrison,  Hempstead,  Thos. 
IsabeUe,  Kelso,  Ludeling,  Lynch,  Massicot, 
McLeran,  McMillen,  Mushaway,  Myers,, 
Biard,  Biggs,  Bodriguez,  Smith,  Snaer,' 
Snider,  Steele,  Thibaut,  Tinchant,  Twitch- 
ell— 40  ayes. 

Nay:  Belden,  Blandin,  Brown,  Burrel, 
Butler,  Cromwell,  Dupart  U.,  Erancois, 
Gair,  Gardiner,  Harper,  Harris,  Hiestand, 
Ingraham,  B.  H.  Isabelle,  Jones,  Landers, 
Lange,  Leroy,  B.  Lewis,  Marie,  Martin, 
Meadows,  Morris,  Moses,  Murrel,  New- 
sham, Oliver,  Packard,  Pierce,  Poindexter, 
Pollard,  Beagan,  Beese,  Schwab,  Scott, 
Underwood,  Yidal,  Wickliffe,  WiUiams, 
Wilson — 41  nays. 

Mr.  Tinchant  moved  to  amend  the  orig-  j 
inal  motion  of  Mr.  Packard,   by  striking  \ 
out  all  after  the  word  "rebellion,"  and  in- 
serting : 

The  foUo^\'ing  persons  shall  be  pro- 
hibited from  voting  or  from  holding  any 
office  of  honor,  trust  or  profit  in  this  State,  I 
to-wit  :  All  persons  who  shall  have  been 
convicted  of  treason,  perjury,  forgery, 
bribery  or  other  crime  punishable  by  im- 
prisonment at  hard  labor  ;  all  paupers  and 
persons  under  interdiction  ;  and  all  leaders 
or  officers  of  guerilla  bands  during  the  late 
war  or  rebellion. 

The  Chair  decided  the  motion  not  in  or* 
der. 

Mr.  Tinchant  appealed. 

The  Chair  was  sustained. 

Mr.  McMillen  moved  to  amend  the  sub-  : 
stitute  of  Mr.  Wickliffe  by  striking  out  aU 
after  the  word  "article,"  and  inserting: 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


181 


The  follo"<;sT.ng  persons  sliall  be  proliib- 
tiecl  from  voting  or  from  holding  any  office 
of  honor,  trust,  or  profit  in  this  State,  to 
vrit :  All  persons  who  sliall  have  been  con- 
^-icted  of  treason,  i^erjmy,  forgery,  bribery, 
or  other  crime  punishable  by  imprisonment 
at  hard  labor;  all  paupers  and  persons 
under  interdiction,  and  all  leaders  of  guer- 
illa bands  during  the  late  war  or  rebel- 
lion; all  persons  who  during  the  rebellion 
intiicted  or  caused  to  be  iniiicted  any 
?ruel  or  unusual  punishment  upon  any 
soldier,  sailor,  marine,  employee,  or  cit- 
izen of  the  United  States,  or  who  in  any 
Dtlier  way  violated  the  rules  of  civilized 
^\'arfare,  and  members  of  the  Secession 
l!<_niyention  who  voted  for  or  signed  the  or- 
Imance  of  secession.  No  person  shall  hold 
iny  office,  civil  or  military,  under  this 
it-die,  who,  having  jjreviously  taken  an 
xitli  as  a  member  of  Congress,  or  as  an 
:Milcer  of  the  United  States,  or  as  a  member 
:>f  any  State  Legislatui'e,  or  as  an  executive 
judicial  officer  of  any  State,  to  support 
he  Constitution  of  the  United  States,  shall 
e  engaged  in  insurrection  or  rebellion 
inst  the  same,  or  given  aid  and  comfort 

the  enemies  thereof.  But  the  Legisla- 
;ire  may,  l^y  a  vote  of  two-chirds  of  each 
i  ouse.  remove  such  disability. 

On  motion,  the  Convention  adjourned 
mtil  to-morrow  at  10  a.  m. 

A  true  co^Dy  : 

WM.  YIGEES,  Secretary. 

FIFTIETH  DAY. 
New  Orleans,  Tuesday,  Jan.  28, 1868. 

The  Convention  met  pursuant  to  adjourn, 
dent  and  was  called  to  order  by  the  Pres- 
dent  at  10  o'clock  a.  m. 

The  roll  was  called  and  the  following 
lembers  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  Ba- 
er,  Barrett,  Blackburn,  Bonnefoi,  Bur- 
E-l,  Butler,  Cooley,  Crane,  Crawford,  Crom- 
ell,  Cuney,  Dearing,  Demarest,  Depas- 
?au,  Donato,  U.  Dupart,  Duplessis,  Fran- 
31S,  Ferguson,    Gair,    Gardiner,  Gould, 
Kiichard,     Harper,     Harris,  Harrison, 
[empstead,  Hiestand,   Ingraham,  R.  H. 
sabeUe,    Tlios.   IsabeUe,    Jones,  Kelso, 
-ange,    Leroy,    J.    B.    Lewis,  Richard! 
e\\is,  Ludeling,  Marie,  Martin,  Massicot,  i 
IcLeran,  Morris,  Moses,  Murrel,  Myers,  i 
liver.     Pierce,      Poindexter,      Pollard,  ! 
eagan,  Reese,  Riggs,  Rodiiguez.  Schwab,  j 
naer,  Scott,  Snider,  Thibaut,  TwitcheU,  i 
nderwood,  Yalfroit,  Yandergriff,  Yidal,  i 
Taples,  Wicklilfe,  Williams,   Wilson— 69 
lembers  present. 

Prayer  by  the  Rev.  Josiah  Fisk. 


The  minutes  were  read  and  adopted. 

EEPOETS  OF  STAXDING  CO?*£MITTEES. 

Committee  on  Printing — No  report. 
Committee  on  Enrollment — No  report. 
Committee  on  Contingent  Expenses — No 
report. 

rXFIXISHED  BUSINESS. 

Mr.  Smith  was  called  to  the  chair. 
The  amendment  of  Mr.  MeMillen,  being 
under  consideration. 

Mr.  Gair  moved  to  lay  it  on  the  table. 
Adopted — ayes  63,  nays  9 — as  follows : 
Yeas  :   Barrett,  Bertonneau,  Blackburn, 
jBurrel,  Butler,  Cooley,  Crawford,  Crom- 
iwell,  Cuney,   Demarest,  Donato,  G.  Du- 
I  parte,  Duplessis,  Esnard,  Francois,  Gair, 
{ Gardiner,  Gould,  Harper,  Harris,  Harri- 
json,  Hempstead,  Hiestand,  Ingraham,  Isa- 
:  belle  T.,  IsabeUe  R.  H.,  Jones,  Landers, 
'  Lange,   Leroy,   Lewis,   Ludeling,  Marie, 
i  Martin,  Meadows,  Morris,  Moses,  Murrel, 
:  Myers,  Oliver,  Packard.  Piere?.  Poindex- 
!  ter,  Pollard,  Reagan,  Reese,  i'lggs,  Rodii- 
guez, Scll^yab,  Smith,  Snaer,  Scott,  Snider, 
Tiiibaat,  Twitclieli,  Underwood,  Yalfroit, 
;  Yandergriff,  Yidal,  Waples,  Y'lckUffe,  Wil- 
liams, Wilson — 63  yeas. 

Nays:  Antoine,  Baker,  Blandin,  Crane, 
Dearing,  Lynch,  MeMillen,  Riard,  Steele — 
9  nays. 

Mr.  Blackburn  moved  to  amend  the 
amendment  of  Mr.  Y'ickliffe  by  striking 
out  all  after  the  word  "article,"  and  insert- 
ing: 

The  following  persons  shall  be  pro- 
hibited from  voting  or  from  holding  any 
office  of  honor,  trust  or  profit  in  this  State, 
to-wit:  All  persons  who  shall  have  been 
convicted  of  treason,  i^erjury,  forgery, 
bribery  or  other  crime  punishable  by  im- 
prisonment at  hard  labor;  all  paupers  and 
persons  under  interdiction;  and  all  persons 
proscribed  by  existing  acts  of  Congress  or 
by  the  pending  amendment  to  the  Consti- 
tution of  the  United  States,  known  as  the 
14th  article  ;  who  shall  be  known  to  have 
favored  the  secession  of  this  State  or  any 
other  State.  The  truth  of  which  shall  be 
ascertained  by  a  direct  oath,  to  be  admin- 
istered to  such  i^ersons  by  the  Commis- 
sioners of  Election  in  aU  cases  of  doubt ; 
and  any  j^erson  on  taking  such  oath  falsely, 
shall  be  subject  to  the  pains  and  penalties 
of  perjury  ;  Provided,  the  Legislature  may, 
by  a  two-thirds  vote  of  each  House,  remove 
such  disability. 

The  President  resumed  the  chair. 

Mr.  Moses  moved  to  lay  the  amendment 
of  Mr.  Blackburn  on  the  table. 

AdoiDted — ayes  59,  nays  20 — as  foUows: 


182 


JOUKNAL  OF  THE  CONSTITUTIONAIi  CONTENTION. 


Yeas  :    Antoine    Barrett,  Bertonneau, 
Bonnefoi,  Burrel,  Butler,  Cooley,  Crane, 
Crawford,  Cuney,  Bearing,  Demarest,  U.  ■] 
Dupart,     Duplessis,     Esnard,  Gardiner, 
Oould,  Harper,  Harris,  Harrison,  Hemp-  , 
stead,  Hiestand,  Ingraham,  E.  H.  Isabelle,  ; 
Thos.   Isabelle,   Jones,    Kelso,  Leroy,  K.  , 
Lewis,  Ludeling,  Lynch,  Marie,  Martin,  ; 
Massicot,    McLeran,    McMillen,   Morris,  ; 
Moses,  Murrel,  Mushaway,  Myers,  New- 
sliam,  Oliver,  Packard,  Poindexter,  Pol- 
lard, Riard,  Biggs,  Eodriguez,  Smith,  Sni- 
der, Steele,  Tinchant,  Valfroit,  Vandergiiff, 
Tidal,    Wickliffe,    Williams,    WHson— 59 
ayes. 

Nays:  Baker,  Belden,  Blackburn,  Blan- 
din,  Cromwell,  Donato,  Douglas,  Francois, 
Oair,  Landers,  Lange,  Meadows,  Pierce, 
Keagan,  Beese,  Scott,  Thibaut,  Twitchell, 
Underwood,  Waples— 20  nays. 

Mr.  Martin  recorded  the  reasons  of  his 
Tote  as  follows: 

Although  I  an  opposed  to  disfranchise- 
ment contained  in  the  proposed  substitute, 
I  shall  vote  in  the  aJlSrmative  for  the  adop- 
tion of  the  article. 

Mr.  Tinchant  recorded  the  reasons  for 
Ms  vote  as  follows : 

Being  decidedly  opposed  to  disfranchise- 
ment for  past  political  offenses,  my  vote 
will  be  always  against  any  proposition  by 
which  even  the  smallest  possible  number  of 
citizens  would  be  disfranchised,  for  that 
reason. 

The  question  recurring  upon  the  amend- 
ment of  Mr.  Wickliffe,  the  previous  ques- 
tion was  demanded  and  the  amendment  was 
lost. 

Ayes  39,  nays  40 — as  follows : 

Yeas:  Burrel,  Butler,  CromweU,  U.  Du- 
part,  Francois,  Gair,  Gardiner,  Har- 
per, Harris  Hempstead,  Hiestand,  Ingra- 
ham, R.  H.  Isabelle,  Jones,  Lange,  Leroy, 
B.  Lewis,  Marie,  Martin,  Massicot  Mea- 
dows, Morris,  Moses,  Murrel,  Newsham, 
Oliver,  Packard,  Pierce,  Poindexter,  Pol- 
lard, Reagan,  Reese,  Scott,  Underwood, 
Talfroit,  Wickliffe,  WiUiams,  Wilson— 38 
nays. 

Nays:  Antoine,  Baker  Barrett,  Belden, 
Bertonneau,  Blackburn,  Blandin,  Bonnefoi, 
Cooley,  Crane,  Crawford,  Cuney,  Bearing, 
Demarest,  Donato,  Douglas,  Duplessis, 
Esnard,  Gould,  Harrison,  Thos.  Isabelle, 
Kelso,  Landers,  Ludeling,  Lynch,  Mc- 
Leran, McMillen,  Mushaway,  Myers,  Riard, 
Riggs,  Rodriguez,  Smith,  Snider,  Steele, 
Thibaut,  Tinchant,  TwitcheU,  Tidal,  Wa- 
ples— 40  nays. 

The  question  recurring  upon  the  amend- 
ment of  Mr.  Packard. 


It  was  lost — ayes  31,  nays  48 — as  follows: 
Yeas:  Burrel,  Butler,  Cromwell,  U.  Du- 
part,  Francois,  Gardiner,  Harper,  Harris, 
Hempstead,  Hiestand,  R.  H.  IsabeUe, 
Jones,  Landers,  Lange,  Leroy,  Marie,  I 
Massicot,  Meadows,  Morris,  Murrel,  New- 
sham,  Packard,  Pierce,  Poindexter,  Pol- 
lard, Scott,  Steele,  Talfroit,  Waple^  Wick  | 
liffe,  Williams — 31  ayes. 

Nays:  Antoine,  Baker,  Barrett,  Belden, 
Bertonneau,  Blackburn,  Blandin,  Bonnefoi, 
Cooley,  Crane,  Crawford,  Cuney,  Dearing 
Damarest,  Donato,  Douglas,  Duplessis,  Es 
nard,  Gair,  Gould,  Guichard,  Harrison,  In 
graham,  T.  Isabelle,  Kelso,  R.  Lewis,  Lude 
Hng,  Lynch,  Martin,  McLeran,  McMillen 
Moses,  Mushaway,  Myers,  Oliver,  Reagan 
Reese,  Riard,  Riggs,  Rodriguez,  Smith 
Snider,  Thibaut,  Tinchant,  TwitcheU,  Un 
derwood,  Tandergriff,  Tidal — 48  nays. 

Mr.  McMillen  moved  to  adopt  article  9<| 
majority  report,  accepting  an  amendmenj 
of  Mr.  Jones  to  strike  out  the  word  "i)aui 
pers,"  and  the  article,  as  amended,  ^readiuj^ 
as  follows  : 

Abt.  98.  The  following  persons  shal 
be  prohibited  from  voting  or  holding  an; 
office  of  honor,  trust  or  jjrofit  in  this  State 
to  wit:  All  persons  who  shall  have  heei 
convicted  of  treason,  perjury,  forgei^ 
bribery,  or  other  crime  punishable  by  im 
prisonment  at  hard  labor  ;  all  person 
under  interdiction,  and  aU  leaders  o 
officers  of  guerilla  bands  during  the  lat 
war  or  rebellion.  The  following  person 
are  prohibited  from  voting  or  from  holdin, 
any  office  of  honor,  trust  or  profit  i; 
this  State  until  after  the  first  of  January  I 
one  thousand  eight  hundred  and  seventy 
eight,  to  wit :  Ail  persons  who,  befor 
the  first  of  June,  one  thousand  eight  liuii 
dred  and  sixty-one,  held  the  office  of  Tic 
President,  Secretary  of  State,  Secretar 
of  War,  Secretarj'^  of  the  Interior,  Secreti 
ry  of  the  Treasury,  Postmaster  General  or  A 
torney  General  of  the  United  States,  diplcj 
matic  agents  of  the  Unitid  States,  membei 
of  Congress,  Judges  of  the  Supreme,  circuil 
and  district  courts  of  the  United  States 
Governors  and  Lieutenant  Governors  c 
this  State  or  of  other  States,  Judges  of  tb 
Supreme  and  district  courts  of  this  Stat^ 
Judges  of  the  courts  of  last  resort  of  oth€ 
States,  members  of  the  Legislature  of  th: 
State  since  the  adoption  of  the  Constitutio 
of  1852,  who  approved  or  encouraged  til 
secession  of  this  State,  members  of  secei 
sion  conventions  who  voted  for  or  signe 
the  Ordinance  of  Secession,  and  commii 
sioned  officers  of  the  army  and  navy  of  tt 
■  United  States,  who  at  any  time  engaged  i 
the  late  rebellion  ;  Provided,  the  LegisL 


JOURNAL  OF  THE  COXSTITUTIONAL  CONVENTION. 


183 


ture  may,  by  a  two-tliirds  vote  of  eacli' 
House,  remove  siicli  disability. 

Was  adopted — ayes  4A,  nays  35,  as  follows : 

Yeas:  Antoine,  Baker,  Barrett,  Belden, 
Blandin,  Bonnefoi,  Cooley,  Crawford,  Cu- 
ney,  Dearing,  Donato,  Douglas,  U.  Du- 
part,  Gair,  Gould,  Guichard,  Harris,  Har- 
rison, Hempstead,  Hiestand,  Ingraham,  K. 
H.  Isabelle,  Thos.  Isabelle,  Jones,  Kelso, 
Landers,  Leroy,  Ludeling,  Lynch,  Massi- 
cot, McLeran,  McMillen,  Miu'rel,  jMusha- 
way,  Myers,  Pollard,  Eeese,  Eiard,  Biggs, 
Steele,  TMbaut,  Twitcliell,  Yandergriif,"Wa- 
ples — 4A  ayes. 

Nays:  Bertonneau,  Blackburn,  Bui-rel, 
Butler,  Crane,  Cromwell,  Demarest,  Du- 
plessis,  Esnard,  Francois,  Gardiner,  Har- 
per, Lange,  E.  Lewis,  Marie,  Martin,  Mea- 
dows, Morris,  Moses,  Newsbam,  Oliver,  ; 
Packard,  Pierce,  Poindexter,  Eeagan,  Eo- 1 
driguez.  Smith,  Scott,  Snider,  Tinchant, 
Underwood,  Yalfroit,  Williams,  Yidal, 
WickHfie — 35  nays. 

The  following  members  submitted  for 
record  the  follovring  explanation  of  their 
vote: 

Mechanics'  Lststitute,  January  28,  1868. 
We  voted  for  the  96th  article,  because  we 
believe  it  is  the  most  liberal  ^proposition 
this  Convention  will  favor.     Y'e  prefer 
miiversal  amnesty. 

John  T.  Ludeling, 

of  Ouachita  and  Caldwell, 
John  L.  Babeett, 

Union  parish, 
Thos.  P.  H.-lerison, 

Morehouse  parish, 
John  Lynch, 

of  Carroll  parish, 
W.  H.  Cooeet, 

Pointe  Coupee. 
John  B.  Yandergriff, 

St.  Martin. 
Henry  W.  Fuleee, 
of  AvoyeUes. 
Mr.  Snider  recorded  the  following  reasons 
for  his  vote : 

.  The  undersigned  most  respectfully  enters 
liis  protest  against  the  98th  article  of  this 
Constitution,  and  would  say  with  all  re- 
spect that  he  is  in  favor  of  universal  am- 
nesty, and  asks  that  his  vote  be  recorded  on 
the  journal. 

Mr.  Meadows  recorded  the  follov^ing 
reasons  for  his  vote: 

I  do  hereby  vote  for  disfranchisement, 
because  it  behooves  us  as  a  Eepublican 
peoi^le  to  ratify  the  works  of  Congress  of 
the  United  States. 

By  Mr.  McMiUen: 


'  Article  97,  majority  report,  reading  as 
follows: 

!  Art.  99.  Members  of  the  General  Assem- 
bly, and  all  other  otiicers.  State,  parish  ormu- 
;  nicipal,  shall,  before  they  enter  upon  the  du- 
'  ties  of  their  offices,  take  the  f  ohov^ing  oath 
'  or  affirmation :  ' '  I  (A  B)  do  solemnly  swear 
■  (or  affirm)  that  I  will  su^jport  the  Constitu- 
I  tion  and  laws  of  the  United  States  and  the 
Constitution  and  laws  of  tliis  Stute,  and  that 
;  I  will  faithfully  and  impartially  discharge 
I  and  x^erform  all  the  duties  incumbent  on 

I  me  as   ,  according  to  the  best  of 

i  my  abihty  and  understanding.  So  help  me 
'God." 

Mr.  Jones  moved  to  amend  by  striking 
out  the  fifth  to  the  thirteenth  hues,  inclu- 
sive, and  inserting  the  third  to  the  thkty- 
third  hnes  of  article  108,  minority  report, 
as  follows: 

Members  of  the  General  Assembly,  and 
a.11  other  officers.  State,  parish  ormimicipal, 
shall,  before  they  enter  upon  the  duties  of 
their  offices,  take  the  following  oath  or  af- 
firmation: "I  do  solemnly  sv>-ear  (or  afiirm) 
that  I  have  never  voluiitarily  borne  arms 
against  the  United  States  since  I  have  been 
a  citizen  thereof;  that  I  have  given  no  vol- 
untary aid,  countenance,  counsel  or  en- 
couragement to  persons  engaged  in  armed 
hostility  thereto;  that  I  have  neither  sought 
nor  accex^ted,  nor  attempted  to  exercise  the 
functions  of  any  office  v>'hatever,  under  any 
authority  or  pretended  authority,  in  hostihty 
to  the  United  States;  that  I  have  not  yielded 
a  voluntary  support  to  any  pretended  gov- 
ernment, authority,  power  or  Constitution 
within  the  United  States,  hostile  or  inimi- 
cal thereto,  and  did  not  v.ilfuliy  desert  from 
the  military  or  naval  service  of  the  United 
States,  or  leave  this  State  to  avoid  the  di-aft 
duriDg  the  rebeUion  ;  and  that  I  -^ill  sup- 
port the  Constitution  and  laws  of  the 
United  States,  and  of  this  State,  and  that 
I  will  faithfully  and  impartially  discharge 
and  perform  all  the  duties  incumbent  on 

me  as  ,  according  to  the  best  of  my 

abilities  and  understanding.  So  help  me 
God." 

Mr.  Eodriguez  was  called  to  the  chair. 
Mr.  Cooley  moved  to  lay  the  amendment 
of  Mr.  Jones  on  the  table.  Adopted. 

Mr.  Hempstead  moved  to  lay  the  motion 
of  Mr.  McMillen  on  the  table.  Lost. 

Mr.  Packard  moved  to  amend  by  insert- 
ing in  the  5th  Hne  after  the  word  "affii-m," 
the  following: 

That  I  accept  the  civil  and  pohtical 
equality  of  all  men,  and  agi*ee  not  to  at- 
temx^t  to  dex)rive  any  person  on  accoimt  of 


184 


JOUKNAi  OF  THE  CONSTITUTIONAL  CONTENTION. 


race,  color  or  previous  condition  of  any 
political  or  civil  rights,  x^rivilege  or  im- 
munity enjoyed  by  any  other  class  of  men. 

The  previous  question  was  ordered,  and 
the  amendment  was  adoj)ted — ayes  40,  nays 
23 — as  follows: 

Yeas:  Belden,  Bertonneau,  Blandin, 
Cromwell,  Depasseau,  U.  Dnrpart,  Esnard, 
Francois,  Guir,  Guichard,  Harper,  Harris, 
Hempstead,  Ingraham,  R.  H.  Isabelle, 
Jones,  Landers,  Lange,  Leroy,  R.  Lewis, 
Marie,  Meadows,  McLeran,  Moses,  Murrel, 
Mushaway,  Oliver,  Packard,  Pierce,  Rea- 
gan, Riggs,  Rodriguez,  Schwab,  Scott, 
Tinchant,  Twitchell,  Underwood,  Vidal, 
"Williams,  Wilson — 40  ayes. 

Nays:  Antoine,  Baker,  Barrett,  Black- 
burn, Brown,  Cooley,  Crane,  Crawford, 
Bearing,  Douglas,  Duplessis,  Ferguson, 
Gould,  Harrison,  Thos.  Isabelle,  J.  B. 
Lewis,  Ludeling,  Lynch,  McMillen, 
Myers,  Steele,  Thibaut,  Waples— 23  nays. 

The  question  recurring  upon  the  motion 
to  adojDt  article  97,  as  amended,  reading  as 
follows : 

Art.  99.  Members  of  the  General  Assem- 
bly, and  all  other  officers,  before  they  en- 
ter upon  the  duties  of  their  offices  shall 
take  the  following  oath  or  affirmation:  I 
(A  B)  do  solemnly  swear  (or  affirm)  that  I 
accept  the  civil  and  political  equality  of  all 
men,  and  agree  not  to  attempt  to  deprive 
^nj  person  or  persons  on  account  of  race, 
Eolor,  or  previous  condition,  of  any  pohti- 
eal  or  civil  right,  privilege,  or  immunity 
>njoyed  by  any  other  class  of  men;  that  I 
Jd.ll  support  the  Constitution  and  laws  of 
fehe  United  States,  and  the  Constitution  and 
laws  of  this  State,  and  that  I  will  faithfully 
Und  imxDartialJy  discharge  and  perform  all 
Mie  duties  incumbent  on  me  as  ■  ,  ac- 
cording to  the  best  of  my  ability  and  uji- 
derstanding.    So  help  me  God. 

Was  adopted — ayes  48,  nays  19 — as  follows : 

Yeas:  Antoine,  Belden,  Bertonneau, 
Blandin,  Brown,  Burrel,  Cromwell,  Depas- 
seau, U.  Dupart,  Esnard,  Francois,  Gair, 
Gardiner,  Guichard,  Harper,  Harris, 
Hempstead,  Ingraham,  R.  H.  IsabeUe, 
Jones,  Landers,  Lange,  Leroy,  R.  Lewis, 
Marie,  Martin,  Meadows,  McLeran,  McMil- 
len, Moees,  Musha,way,  Murrel,  Myers, 
Oliver,  Packard,  Pierce,  Pollard,  Reagan, 
Reese,  Riggs,  Rodriguez,  Schwab,  Scott, 
Tinchant,  Underwood,  Yalfroit,  Wickliffe, 
Williams,  Wilson — 48  ayes. 

Nays:  Baker,  Barrett,  Blackburn,  Cooley, 
Crane,  Crawford,  Dearing,  Douglas,  Du- 
p^lessis,  Ferguson,  Gould,  Harrison,  Thos. 
^^belle,  J.  B.  Lewis,  LudehDg,  Lynch, 
Steele,  Twitchell,  Waples — 19  nays. 


By  Mr.  McMillen: 

Article  98,  majority  report,  reading  as 
follows : 

Treason  against  the  State  shall  con- 
sist only  in  levying  war  against  it,  or  in 
adhering  to  its  enemies— giving  them  aid 
and  comfort.  No  person  'shaU  be  convicted 
of  treason  except  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  his 
confession  in  open  court, 

Mr.  Hempstead  moved  to  amend  by 
adding: 

Persons  who  served  three  years 
more  as  officers  above  the  grade  of  colonel 
in  the  Confederate  army,  or  above  th 
grade  of  lieutenant  in  the  Confederate  na 
shall  not  be  permitted  to  vote  or  hold  offic 
but  such  a  person  may  relieve  himself  fro 
this  prohibition  by  filing  in  the  office 
the  Secretary  of  State  a  voluntary  statemen 
that  he  regrets  having  aided  and  abetted 
the  enemy  of  his  country. 

Mr.  McMillen  raised  the  point  of  orde^ 
that  the  amendment  was  not  in  order. 

The  Chair  so  rnled. 

Mr.  Hempstead  appealed. 

The  Chair  was  sustained. 

The  article,  as  reported,  was  adopted. 

On  motion  the  Convention  adjourned  un 
to-morrow  at  10  o'clock  a.  m. 

A  true  copy: 

WM.  VIGERS,  Secretary. 


FIFTY-FIRST  DAY. 
New  Okle.ins,  Wednesday,  Jan.  29,  186^ 
The  Convention  met  pursuant  to  adjoui 
ment,  and  was  called  to  order  by  the  Pres 
dent  at  10  a.  m. 

The  roll  was  called,  and  the  followii 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs. 
toine,  Baker,  Barrett,  Blackburn,  Blandii 
Bonnefoi,  Brown,  Barrel,  Butler.  Croi 
weU,  Dearing,  Demarest,  Depasseau,  P. 
Deslonde,  U.  Dupart,  Duplessis,  Franco!? 
Fuller,  Ferguson,  Gair,  Gould,  Guicharc' 
Harris,  Harrison,  Hempstead,  Ingrahai 
J  ones,  Kelso,  Landers,  Lange,  Leroy,  J.  B] 
Lewis,  R.  LcAvis,  Ludeling,  Marie,  Martin, 
Meadows,  McLeran,  Moses,  Murrel,  Oliver, 
Packard,  Pierce,  Poindexter,  Pollard, 
Reagan,  Reese,  Riggs,  Rodriguez,  Scott, 
Snider,  Steele,  Thibaut,  Twitchell,  Under- 
wood, Valfroit,  Wickliffe,  Williams,  Wil- 
son— 69  members  present. 

Prayer  by  the  Rev.  Jos.  Fisk.  ^ 
The  minutes  were  read  and  adopted. 


JOUKNAL  OP  THE  CONSTITUTIONAL  CONVENTION. 


185 


OKIGIXAIi  EESOIilTTIONS.  I 

By  Mr.  Packard:  ! 

Resolved,  That  a  committee  of  three  be ' 
ppointed  by  the  President  to  vait  upon 
Taj  or  General  W.  S.  Hancock  and  confer' 
ith  him  in  relation  to  the  steps  necessary 
)  be  taken  for  the  purpose  of  holding  an  . 
lection  for  executive,  judicial  and  legisla- ' 
ye  officers  and  members  of  Congress,  on  i 
16  same  day  on  which  the  Constitution  is  i 
ibuiitted  to  the  people  for  ratification,  ! 
id  ascertain  if  he  %\ill  co-operate  in  the 
jtion  of  this  Convention  in  relation  to  that ; 
'.after.  i 

The  rules  were  susi^ended  and  the  resoln- 
on  laid  on  the  table. 

Mr.  E.  Bonnefoi  explained  his  vote: 

I  voted  for  the  96th  article,  because  I  be- 
:ve  it  is  the  most  liberal  proposition  this 
onvention  will  favor.  I  prefer  universal 
unesty. 

ITNTTNISHED  BUSINESS. 

By  Mr.  Meadows : 

Article  99,  majority  report,  reading  as  fol- 

vv's : 

Aet.  101.  All  penalties  shall  be  propor- 
3ned  to  the  nature  of  the  olfense. 
Vriiich  was  adopted. 
By  Mr.  Gair: 

Article  100,  majority  report,  as  follows: 
Aet.  102.  The  privilege  of  free  suffrage 
all  iDe  supiDorted  by  laws  regulating  elec- 
DHs,  and  prohibiting,  under  adequate  pen- 
tiers,  all  undue  influence  thereon  from 
)wer,  bribery,  tumult  or  other  improper 

f  'actios. 

'  Adopted. 
By  Mr.  Gaii-: 

Ai'ticle  101,  majority  report,  as  foUows; 
Aet.  103.  l^o  money  shall  be  drawn  from 
e  treasury  but  in  pursuance  ©f  specific 
ipropriations  made  by  law;  a  statement 
id  account  of  receipts  and  expenditures  of 
'  public  moneys  shall  be  made  annually  in 
ch  manner  as  shaU  be  prescribed  by  law. 
Mr.  Blackburn  moved  to  amend  by  add- 
g- 

And  the  first  Legislature  convening  under 
is  Constitution  shall  make  a  sp)ecial  ap- 
opriation  to  liquidate  whatever  portion  of 
e  debt  of  this  Convention  may  at  that 
ne  remain  unpaid  or  unxDrovided  for. 
The  amendment  was  agreed  to  and  the 
tide  as  amended,  and  reading  as  f oUows, 
IS  adopted: 

Ai'vT.  103.  No  money  shall  be  drawn  from 
■e  treasury  but  in  pursuance  of  specific 
<  ipropriations  made  by  law;  a  statement 


and  account  of  receipts  and  expenditures  of 
all  public  moneys  shall  be  made  annually 
in  such  manner  as  shall  be  prescribed  by 
law.  And  the  first  Legislature  convening 
under  this  Constitution  shaU.  make  a  spe- 
cial approjDriation  to  liquidate  whatever 
portion  of  the  debt  of  this  Convention  may 
at  that  time  remain  unpaid  or  unprovided 
for. 

By  Mr.  Bertonneau : 

Article  102,  mp.jority  report,  as  follows: 

Abt.  104.  All  civil  officers  of  the  State  at 
large  shall  be  voters  of  and  reside  within 
the  State,  and  all  district  or  iDarish  officers 
shall  reside  within  their  respective  districts 
or  parishes,  and  shall  keep  their  offices  at 
such  p)lace  therein  as  may  be  required  by 
law. 

AdoiDted. 

By  Mr.  Oliver: 

Ai'ticle  103,  majority  report,  asfoUows: 
Aet.  105.  All  civil  officers  shall  be  re- 
movable by  an  address  of  two-thirds  of  the 
members  elect  to  each  House  of  the  Gen- 
eral Assembl}-,  except  those  v^iiose  removal 
is  otherwise  provided  for  by  this  Constitu- 
tion. 

Mr.  Crane  moved  to  amend  by  striking 
out  " two- thirds, "  and  inserting  ''ma- 
jority." 

Laid  on  the  table. 

The  article,  as  rexDorted,  was  adopted. 
By  Mr.  OHver: 

Article  104,  majority  report,  as  follows: 

AiiT.  106.  In  all  elections  by  the  people 
the  vote  shall  be  taken  by  ballot;  and  in  all 
elections  by  the  Senate  and  House  of  Rep- 
resentatives, jointly  or  sei^arately,  the  vote 
shall  be  given  viva  voce. 

Adopted- 

By  Mr.  Gair  : 

Axticle  105,  majority  report,  a-s  follows  : 

Aet.  105.  No  member  of  Congress  or 
p)erson  holding  or  exercising  any  office  of 
trust  or  profit  under  the  United  States,  or 
under  any  foreign  power,  shall  be  eligible 
as  a  member  of  the  General  Assembly,  or 
hold  or  exercise  any  office  of  tmst  or  i)rofit 
under  this  State. 

Mr.  T-^itcheU  moved  to  amend  by  adding 
"  Postmasters." 

The  amendment  and  article  were  laid  on 
the  table. 

By  Mr.  Hempstead  : 

Article  106,  majority  report,  as  follows  : 
Aet.  107.  None  but  citizens  of  the  Uni- 
ted States  and  of  this  State  shall  be  ap- 


186 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONTENTION, 
trust  or  profit  in 


pointed  to  any  office  of 
this  State. 

Adopted. 

By  Mr.  Lynch: 

Article  107,  majority  report,  reading  as 
f  oUows : 

Ajrt.  108.  The  laws,  j^ublic  records  and 
the  judicial  and  legislative  written  proceed- 
ings of  the  State  shall  be  promulgated,  pre- 
served and  conducted  in  the  English  lan- 
guage. 

Was  adopted. 

By  Mr.  Tinchant: 

Article  116,  minority  report. 

Laid  on  the  table. 

By  Mr.  Hempstead: 

Article  108,  majority  report,  as  follows: 

Art.  109.  No  power  of  suspending  the 
laws  of  this  State  shall  be  exercised  ex- 
cept by  the  General  Assembly. 

Adoi)ted. 

By  Mr.  Underwood: 

Article  109,  majority  report,  as  follows: 

Aet.  110.  No  expost facto  or  retroactive 
law,  nor  any  law  impairing  the  obligation 
of  contracts,  shall  be  passed;  nor  vested 
rights  be  divested,  unless  for  purposes  of 
public  utility  and  for  adequate  compensa- 
tion previously  made. 

Adopted. 

By  Mr.  Oliver: 

Article  110,  majority  report,  as  follows: 

Aet.  111.  Whenever  the  General  Assem- 
bly shall  contract  a  debt  exceeding  in 
amount  the  sum  of  one  hundred  thousand 
dollars,  unless  in  case  of  war,  to  repel  inva- 
sion or  suppress  insurrection,  it  shall  in  the 
law  creating  the  debt,  provide  adequate 
ways  and  means  for  the  payment  of  the  cur- 
rent interest  and  of  the  principal  when  the 
same  shall  become  due,  and  the  said  law 
shall  be  irrepealable  unless  principal  and 
interest  be  fully  paid,  or  unless  the  repeal- 
ing law  contains  some  adequate  i>ro vision 
for  the  payment  of  the  principal  and  inte 
rest  of  the  debt. 

Adopted. 

By  Mr.  Gair: 

Article  111,  majority  report,  as  follows: 
Art.  112.  The  General  Assembly  shall 

provide  by  law  for  all  change  of  venue  in 

civil  and  criminal  cases. 
The  article  as  reported  was  adoptud. 
By  Mr.  Underwood: 
Article  112,  majority  report,  as  follows: 
Art.  113.    The  General  Assembly  may 

enact  general  laws  regulating  the  adoption 


of  children,  emancipation  of  minors 
the  granting  of  divorces;  but  no  specij 
law  shall  be  i3assed  relating  to  particular  ( 
individual  cases. 

Adopted.  i 
By  Mr.  Oliver: 

Article  113,  majority  report,  as  follows: 

Art.  114.  Every  law  passed  by  the  Gei 
eral  Assembly  shall  embrace  but  one  objec 
and  that  shall  be  expressed  in  the  title. 

Adopted.  i 

By  Mr.  Gair: 

Article  114,  majority  report,  as  foUoW; 

Art.  115.  No  law  shall  be  revived  < 
amended  by  reference  to  its  title;  buti 
such  case  the  revived  or  amended  sectic 
shall  be  re-enacted  and  published  at  lengt' 

Adofjted. 

Mr.  Id  graham  was  called  to  the  chair. 
By  Mr.  Blandin: 

Article  115,  majority  report,  as  follows: 

Art.  116.  The  General  Assembly  sb 
never  adoi3t  any  system  or  code  of  laws  \\ 
general  reference  to  such  system  or  code 
laws;  but  in  all  cases  shall  specify  the  se 
eral  provisions  of  the  law  it  may  enact.  ; 

The  article  as  reported  was  adopted. 

By  Mr.  Blandin : 

Article  116,  majority  report,  as  folloTv 

Art.  117.  No  person  shall  hold  or  e 
ercise,  at  the  same  time,  more  than  o] 
office  of  trust  or  profit  except  that  of  ju 
tice  of  the  peace  or  notary  public. 

Adopted. 

By  Mr.  Gair: 

Article  117,  majority  report  : 
Mr.  Hiestand  moved  to  strike  out  aft 
the  word  **law,"  in  the  fifth  line,  all 
the  word  "purposes,"  inclusively,  and  i 
sert  in  lieu  thereof  "no  property  shall  J 
exempt  from  taxation,  except  such  as  i 
the  actual  necessary  use  for  religio 
charitable  purposes." 
Laid  on  the  table. 

Mr.  Meadows  moved  to  strike  o' 
after  the  word  "  doUar,"  in  the  19th 
Lost. 

Mr.  Jones  moved  to  insert  after  tl 
words  "business  done,"  "and  all  deeds 
sales  made  or  that  may  be  made  by  colic 
tors  of  taxes,  shall  be  received  by  courts 
evidence  Sb^  prima  facie  valid  sales." 

Adopted. 

Mr.  Cooley  moved  to  amend  by  insertii 
in  i^Iase  of  the  foregoing,  the  followin 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


187 


11  deeds  of  sales  made  by  the  Sheriffs  or 
IX  collectors  in  the  State,  shall  be  received 
3  prima  facie  evidence  of  the  observance 
y  said  officers  of  the  formalities  required 
y  law  in  sales  for  taxes. 
Lost. 

The  article,  as  amended,  and  reading  as 
dUows  : 

Akt.  118.  Taxation  shall  be  equal  and 
niform  throughout  the  State  ;  all  proper- 
Y  shall  be  taxed  in  proportion  to  its  value, 
3  be  ascertained  as  directed  by  law  ;  the 
reneral  Assembly  shall  have  power  to 
xempt  from  taxation  proj^erty  actually 
sed  for  church,  school  or  charitable  pur- 
'oses.  The  General  Assembly  may  levy 
n  income  tax  upon  all  persons  pursuing 
ny  occupation,  trade  or  calling.  And  all 
ach  persons  shall  obtain  a  license,  as  pro- 
ided  by  law.  All  tax  on  income  shaU  be 
ro  rata  on  the  amount  of  income,  or 
'usiness  done.  And  all  deeds  of  sales 
aade  or  that  may  be  made  by  collectors  of 
axes,  shall  be  received  by  courts  prima 
acie  vahd  sales.  The  General  Assembly 
hall  levy  a  poll  tax  on  all  male  inhabitants 
•f  this  State,  over  twenty-one  years  old, 
or  school  and  charitable  purposes,  which 
ax  shall  never  exceed  one  dollar  and  fifty 
ents  per  annum. 

Was  adopted — ayes  33,  nays  29 — as  fol- 
ows: 

Yeas:  Barrett,  Belden,  Butler,  Demarest, 
?.  G.  Deslonde,  U.  Dupart,  Fergu- 
ion,  Gair,  Gardiner,  Harrison,  Hemp- 
.tead,  R.  H.  Isabelle,  Jones,  Leroy,  Lude- 
ing.  Marie,  Meadows,  Murrel,  Myers, 
?oindexter,  Pollard,  Reese,  Riard,  Riggs, 
Rodriguez,  Scott,  Tinchant,  Twitchell, 
[Jnderwood,  Yalfroft,  Wickliffe,  Williams, 
SVilson — 33  yeas. 

Nays:  Antoine,  Baker,  B«rk)nne<iu,  Blan- 
iin,  Bonnefoi,  Cooley,  Crane,  Cromwell, 
3iiney,  Bearing,  Duplessis,  Esnard,  Fran- 
jois,  Gould,  Ingraham,  Thos.  Isabelle, 
'Landers,  McLeran,  Moses,  Oliver,  Pierce, 
Reagan,  Roberts,  Schwab,  Snaer,  Steele, 
Ihibaut,  Waples — 29  nays. 

Mr.  Hempstead  moved  to  suspend  the 
nAes  to  adopt  the  f ollo^sing  resolution : 

Resolved,  That  a  committee  of  three  be 
appointed  by  the  Chair  to  inquire  in  what 
manner  $3000  of  the  warrants  issued  to 
members  of  the  Convention  as  per  diem 
game  into  the  hands  of  Thomas  Askew, 
Stat-e  Tax  Collector  for  the  First  District  of 
New  Orleans,  and  paid  to  the  Auditor  by 
him  this  day. 

The  rules  were  susr)ended  and  the  resolu- 
tion was  adopted. 


The  Chair  appointed  on  the  Commit- 
tee Messrs.  Hem23stead,  Antoine  and  Rea- 
gan. 

Mr.  Underwood  moved  to  suspend  the 
rules  to  adopt  the  f  ollo^-ing : 

Resolved,  That  any  person  who  shall 
offer  to  pay  his  tax  with  warrants  issued 
by  this  Convention  for  the  pay  of  mem- 
bers, shall  endorse  said  waiTants  to  that 
effect. 

The  rules  were  suspended  and  the  resolu- 
tion was  adopted. 

Mr.  Wickliffe  called  up  his  resolution 
lying  over  from  January  6th,  and  moved  to 
adopt,  as  an  article  of  the  Constitution.  - 

Akt.  — .  The  Legislature  shall  pass  no 
laws,  nor  shall  any  parochial  or  municipal 
corporation  j^ass  any  ordinance  discriminat- 
ing by  taxation  or  license  between  citizen 
residents  and  non-residents. 

Pending  its  consideration  the  Convention 
adjourned  till  to-morrow  at  10  a.  m. 

A  true  oopy: 

WM.  YIGERS,  Secretary. 

FIFTY-SECOND  DAY. 
New  Okleans,  Thursday,  Jan.  30,  1868. 

The  Convention  met  joursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  10  A.  M. 

The  roU.  was  called  and  the  following 
members  answered  to  their  name^ : 

President  J.  G.  Taliaferro ;  Messrs.  Baker, 
Barret,  Bertonneau,  Blandin,  Bonnefoi, 
Bro-v^Ti,  Burrel,  Butler,  Crane,  Crawford, 
Cromwell,  Cuney,  Dearing,  Demarest,  De- 
passeau,  Deslonde  P.  G.,  Dupart  U., 
Francois,  Fuller,  Gair,  Gardiner,  Gould, 
Guichard,  Harris,  Hempstead,  Hiestand, 
Ingraham,  Jones,  Kelso,  Landers,  Lange, 
Lewis  R,,  Lynch,  Marie,  Meadows,  Mc- 
Leran, McMillen,  Moses,  Murrel,  Myers, 
OKver,  Pierce,  Poindexter,  PoUard,  Reagan, 
Reese,  Riggs,  Rodriguez,  Scott,  Snider, 
Steele,  Thibaut,  Twitchwell,  Undei-^'ood, 
Waples,  WickHffe,  WilHams,  Wilson— 60 
members  present. 

Prayer  by  the  Rev.  J os.  Fisk. 

The  minutes  were  read  and  approved. 

OBIGIXAIi  EESOLUTIONS. 

By  Mr.  McMillen: 

Resolved,  That  hereafter  no  delegate  shaU 
be  allowed  to  speak  more  than  ten  minutes 
upon  any  subject  under  consideration, 
without  the  consent  of  two-thirds  of  the 
members  of  the  House. 


188 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  niles  were  suspended  to  place  the 
resolution  upon  its  passage. 

Mr.  Moses  moved  to  lay  it  on  the  table. 
Lost. 

The  resolution  was  adopted. 
By.  Mr.  Burrel: 

Be  it  resolved.  That  the  collectors  of 
taxes  of  the  different  parishes  be  instruct- 
ed to  pay  to  the  delegates  of  his  parish  the 
amount  due  on  their  warrants  in  lieu  of 
paying  to  the  State  Treasurer. 

Resolved  further,  That  the  State  Treasu- 
rer shall  receive  the  warrants  of  said  dele- 
gates when  endorsed  by  them  and  so  ac- 
credit the  said  collector. 

Lies  over. 

On  motion  of  Mr.  Smith,  Mr.  Bonsei- 
gneur  was  excused  from  attendance  on  ac- 
count of  sickness. 

UNFINISHED  BUSINESS. 

The  article  proposed  by  Mr.  Wickliffe 
being  under  consideration,  it  was  rejected — 
ayes  22,  nays  42 — as  follows : 

Ayes:  Cromwell,  Demarest,  Donato,  U. 
Dupart,  Gardiner,  Guichard,  Harper,  Hies- 
tand,  Lange,  J.  B.  Lewis,  Marie,  Martin, 
Massicot,  Meadows,  McLeran.,  Newsham, 
Pierce,  Reese,  Scott,  Underwood,  Wick- 
liffe, Williams, — 22  ayes. 

Nays  :  Barrett,  Bertonneau,  Blandin, 
Bonnefoi,  Brown,  Butler,  Cooley,  Crane, 
Crawford,  Bearing,  Depasseau,  P.  G.  Des- 
londe,  Douglas,  Duplessis,  Ferguson,  Gair, 
Harris,  Harrison,  T.  Isabelle,  Jones,  Leroy, 
R.  Lewis,  Ludehng,  Lynch,  McMillen, 
Moses,  Myers,  Oliver,  Packard,  Poindexter, 
PoUard,  Reagan,  Riard,  Riggs,  Rodriguez, 
Smith,  Snaer,  Snider,  Steele,  Thibaut, 
Tv^atcheU,  Waples — 12  nays. 

By  Mr.  Underwood: 

Article  118,  majority  report,  reading  as 

follows : 

Art.  119.  None  of  the  lands  granted  by 
Congress  to  the  State  of  Louisiana  for  aid- 
ing in  constructing  the  necessary  levees  and 
drains  to  reclaim  the  swamp  and  overflowed 
lands  of  the  State,  shaU  be  diverted  from 
the  purpose  for  which  they  were  granted. 

Was  adopted. 

By  Mr.  Blandin: 

Ai'ticle  119,  majority  report,  reading  as 
follows  : 

Aet.  120.  No  liability,  either  State,  pa- 
rochial or  municipal,  shall  exist  for  any 
debts  contracted  for  or  in  the  interest  of 
the  rebellion  against  the  United  States  Gov- 
ernment. 

Was  adopted. 


By  Mr.  Underwood  :  . 
Article  120,  majority  report,  reading  i 
follows  : 

Abt.  121.  The  General  Assembly  may  d< 
termine  the  mode  of  filling  vacancies  in  i 
offices  for  which  provision  is  not  made  i 
this  Constitution.  , 

Was  adopted.  1 

By  Mr.  Blandin : 

Article  121,  majority  report,  reading  j| 
follows : 

Art.  122.  The  General  Assembly  sha 
pass  no  law  requiring  a  property  qualifies 
tion  for  office.  i 

Was  adopted. 

By  Mr.  Hempstead : 

Article  122,  majority  report,  reading  a 
follows : 

Art.  123.  All  officers  shall  continue  i 
discharge  the  duties  of  their  offices  unti 
their  successors  shall  have  been  inductet 
into  office. 

Mr,  Waples  moved  to  amend  by  adding 
"except  in  cases  of  im|)eachment  or  suspen 
sion. " 

Adopted. 

The  article,  as  amended,  reading  as  fol 
lows: 

Art.  123.  AU  officers  shall  continue  t( 
discharge  the  duties  of  their  offices  unti 
their  successors  shall  have  been  inductee 
into  office,  except  in  case  of  impeachme 
or  suspension. 

Was  adopted. 

By  Mr.  Gair: 

Article  123,  majority  report,  reading  oi 
follows: 

Art.  124.  The  General  Assembly  shal 
provide  for  the  protection  of  the  rights  o; 
married  women  to  their  paraphernal  prop 
erty  and  for  the  registration  of  the  same, 
but  no  mortgage  or  privilege  shall  hereaf tej 
affect  third  parties  unless  recorded  in  the 
parish  where  the  property  to  be  affected  i£ 
situated.  The  tacit  mortgages  and  privi- 
leges now  existing  in  this  State  shall  ceas€ 
to  have  effect  against  third  persons  after  the 
first  day  of  January,  one  thousand  eighl 
hundred  and  seventy,  unless  duly  recorded 
The  General  Assembly  shall  provide  by  lai« 
for  the  registration  of  all  mortgages  and 
privileges. 

Mr.  Cooley  moved  to  amend  by  striking 
out  ''from  the  9th  to  the  14th  line." 

Mr.  Belden  moved  to  iDostpone  the  fur- 
ther consideration  of  the  article  until  to- 
morrow at  12  M. 


ec 

1 


JOUENAL  OF  THE  CONSTITUTIONAL  CON^^ENTION. 


189 


iVTr.  Barrett  moved  to  lay  the  motion  to 

^tpone  on  the  table. 

Adopted. 

.VIr.  Barrett  moved  to  lay  the  amend- 
!nt  of  Mr.  Cooley  on  the  table. 

Adopted. 

The  article,  as  rej^orted,  wa^  adopted. 
Mr.  Cooley  explained  his  vote  on  the 
Dption,  as  follows: 

On  the  motion  to  adopt  article 
J  of  the  majority  rejjort,  I  voted 
because  I  ccnsidered  all  that  part 
it  requiring  tacit  mortgages,  already  in 
Lstence,  to  be  recorded  on  or  before  the 
January,  1870,  in  order  to  be  valid,  a 
lation  of  the  Constitution  of  the  United 
ites. 

3y  Mr.  Lynch: 

\j:ticle  124,  majority  report,  reading  as 
lows: 

Leit.  125.  The  General  Assembly  at  its 
it  session  under  tliis  Constitution  shall 
)vide  an  annual  pension  for  the  veterans 
1814  and  1815. 

tfr.  Tinchant  moved  to  amend  by  add- 

Lnd  as  much  as  practicable,  for  such 
Lzens  of  this  State  above  the  age  of  45 
irs,  who  may  have  served  in  the  army, 
7j  or  marine  corjDs  of  the  United  States 
ring  the  late  war  or  rebellion,  and  have 
;eived  an  honorable  discharge  therefrom, 
shall  also  provide  for  the  support 
such  deistitute  citizens  of  this 
ite  who  may  have  been  cripi3led, 
imed  or  disabled  while  in  the  service  of 
J  United  States  during  the  late  war  or  re- 
lion.  And  also  of  the  widows  and  or- 
a.ns  under  sixteen  years  of  age  w^hose 
abands  or  fathers  did  serve  in  the  army, 
Vy  or  marine  corps  of  the  United  States 
ring  the  late  war  or  rebellion;  whether 

fiy  died  while  in  active  service,  or  after 
Ting  been  honorably  discharged  there- 
m;  Provided,  That  the  word  "citizen," 
:  this  article,  shall  be  so  construed  as  to  in- 
jde  all  men,  without  distinction  of  race 

« color,  who  can  prove  to  have  been 
labitants  of  the  State  for  one  year 
jivious  to  January  first,  1863;  and, 
\o\)ided further,  That  such  women  who 
1 1  prove  their  actual  good  character,  and 
1 0  can  clearly  establish  that  they  had 
3d  with  the  deceased  as  husband  and 
:e,  at  least  during  the  next  five  years  pre- 
ling  his  death,  shall  be  deemed  their 
low,  and  children  born  under  the  same 
c^umstances,  shall  be  considered  legiti- 
Dte. 


Mr.  Blackburn  moved  to  amend  by 
adding  : 

And  the  destitute  widows  and  orjDhans  of 
Union  men  who  were  compelled  to  serve  in 
the  rebel  army,  and  who  thereby  lost  their 
lives. 

Mr.  Lynch  was  called  to  the  chair. 
Mr.  Bertonneau  moved  to  lay  the  two 
j)ending  amendments  on  the  table. 
Adopted. 

The  article,  as  reported,  was  adopted. 
By  Mr.  Underwood  : 
Article  125,  majority  re^Dort,  reading  as 
follows  : 

Art.  126.  The  General  Assembly  at  its 
first  session  under  this  Constitution  shall 
provide  for  the  registration  of  voters 
throughout  the  State,  and  no  one  shall  be 
permitted  to  vote  unless  registered. 

Which  was  adopted. 

By  Mr.  Cromwell: 

The  following  as  article  127  of  the  Con- 
stitution, reading  as  follows: 

All  persons,  before  registering,  must  take 
and  subscribe  to  the  following  oath:  "I  do 
solemnly  swear  (or  affirm)  that  I  will  sup- 
port or  maintain  the  Constitution  and  laws 
ot  the  United  States,  and  the  Constitution 
and  laws  of  the  State  of  Louisiana;  that  I 
am  not  excluded  from  registering  by  any 
clause,  section  or  article  in  the  Constitution 
of  this  State;  that  I  will  never  countenance 
or  aid  in  the  secession  of  this  State  from 
the  United  States ;  that  I  accept  the  jDublic, 
political  and  civil  equality  of  all  men,  and 
agree  not  to  attempt  to  deprive  any  person 
or  persons,  on  account  of  race,  color  or  pre- 
vious condition,  of  any  political  or  civil 
rights  and  public  pri-Ndleges  or  immunities 
enjoyed  by  any  class  of  men;  and,  further- 
more, that  1  \vill  not  in  any  way  injure,  or 
countenance  in  others,  any  attempt  to  in- 
jure any  person  or  persons  on  account  of 
past  or  present  support  of  the  Government 
of  the  United  States,  and  laws  of  the  United 
States,  or  the  principles  of  the  public,  po- 
htical  and  civil  equality  of  all  men." 

Mr.  McMillen  moved  to  lay  on  the  table. 

Adopted. 

By  Mr.  McMillen: 

Article  126,  majority  report,  reading  as 
f  oUows : 

Art.  127.  The  military  shall  be  in  subor- 
dination to  the  civil  power. 
Was  adopted. 

Mr.  Waples  moved  to  amend  article  127, 
majority  report,  by  striking  out  from  the 
word  *'and"  in  the  3d  line,  to  the  word 


190 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


*' those"  in  tlie  4tli  line  and  inserting  *'of 
the  State." 

Mr.  Biirrell  moved  to  lay  the  amendment 
on  the  table. 

Lost. 

The  question  recurring  upon  the  amend- 
ment of  Mr.  W aples,  it  was  adopted. 

Mr.  Cooley  moved  to  lay  the  article  as 
amended  on  the  table. 

Lost — ayes  32,  nays  32 — as  follows: 

Yeas:  Antoine,  Baker,  Barrett,  Black- 
burn, Burrel,  Butler,  Cooley,  Crane,  Dear- 
ing,  P.  G-.  Peslonde,  Gair,  Grould,  Harper, 
Harris,  Harrison,  Ingraham,  Thos.  Isabelle, 
Landers,  R.  Lewis,  Ludeling,  Lynch,  Mc- 
Milien,  Murrel,  Pierce,  Poindexter,  Reese, 
Riggs,  Scott,  Steele,  TwitcheU,  Wickliffe— 
32  ayes. 

Nays :  Belden,  Bertonnef  u,  Blandin, 
Crawford,  Cromwell,  Demarest,  Depasseau, 
Douglas,  Donato,  Duparte  G.,  Dupart  U., 
Esnard,  Francois,  Ferguson,  Gardiner, 
Hiestand,  Martin,  Meadows,  Moses,  Mush- 
away,  Packard,  Pollard,  Reagan,  Riard, 
Rodriguez,  Schwab,  Smith,  Tinchant,  Un- 
derwood, Waples,  Williams,  Wilson — 32 
nays. 

The  question  recurring  uiDon  the  adop- 
tion of  the  article  as  amended,  it  was  lost. 

Mr.  Burrel  moved  to  adopt  the  article, 
as  reported. 

Mr.  Blackburn  moved  to  amend  by 
striking  out  all  after  the  word  "article," 
and  inserting : 

It  shall  be  the  duty  of  the  General  As- 
sembly to  make  it  obligatory  upon  each 
parish  to  support  all  paupers  residing  with- 
in its  limits. 

Adopted. 

The  article,  as  amended,  and  reading  as 
follows,  was  adopted  : 

Aet.  128.  It  shall  be  the  duty  of  the 
General  Assembly  to  make  it  obligatory 
upon  each  parish  to  support  all  paupers 
residing  within  its  limits. 

Mr.  Baker  voted  against  the  adoption  of 
article  127  of  the  majority  report,  because 
in  his  opinion  it  would  be  unjustly  burden- 
some to  the  country  parishes. 

Mr.  Blackburn  voted  against  the  same, 
thinking  each  parish  should  support  its  own 
paupers. 

Mr.  McMillen  moved  to  amend  article 
128  by  striking  out  all  after  the  word 
"  article,"  and  inserting  : 

AH  agreements,  the   consideration  of 


which  was  Confederate  money,  notes 
bonds  are  null  and  void,  and  shall  not 
enforced  in  the  courts  of  this  State. 

Mr.  Schwab  moved  to  amend  by  strik: 
out  all  after  the  word  "article"  and 
serting:  \ 

All  obligations  given  for  in  considerat; 
of  Confederate  money,  unsettled,  are  nn 
and  void,  and  no  judgment  pending,  sha 
be  enforced  in  any  court  of  this  Stal 
against  any  individual.  Except  for  fu; 
nishing  the  poor,  in  time  of  need,  whe 
proven,  for  which  debt  the  State  shall  I 
held  responsible. 

Mr.  Cromwell  moved  to  amend  by  stril 
ing  out  all  after  the  word  "article"  an 
inserting : 

The  State  of  Louisiana  shall  nev( 
assume  nor  i3ay  any  debt  or  obligation  coi 
tracted  or  incurred  in  aid  of  the  rebellion 
nor  shall  this  State  ever,  in  any  manne: 
claim  from  the  United  States,  or  mai 
any  allowance  or  compensation  for  slav< 
emancipated  or  liberated  in  any  way  wha 
ever. 

The  Chair  decided  the  amendment  of  M] 
Cromwell  not  in  order. 

The  Convention  adjourned  until  to-mo: 
row  at  10  A.  M. 

A  true  copy: 

WM.  VIGERS,  Secretary. 

FIFTY-THIRD  DAY. 
New  Orleans,  Friday,  Jan.  31,  1868. 

The  Convention  met  pursuant  to  ac 
journment,  and  was  called  to  order  by  ti 
President  at  10  a.  m. 

The  roll  Avas  called  and  the  followiii 
member^  answered  to  their  names: 

President  J.  G.  TaKaferro,  Messrs.  Ai 
toine,  Blandin,  Bonnefoi,  Brown,  Burre 
Butler,  Crane,  Crawford,  Cromwell,  Cune-' 
Dearing,  Demarest,  Depasseau,  P.  d 
Deslonde,  G.  Duparte,  U.  Dupart,  Duple 
sis,  Esnard,  Francois,  Fuller,  Gaii»  Gard 
ner,  Gould,  Guichard,  Harper,  Harris,  Ha 
risen,  Hempstead,  Ingraham,  Jones,  Kelsii 
Landers,  Lange,  Leroy,  J.  B.  Lewis,  J 
Lewis,  Martin,  Meadows,  McLeran,  Mose 
Murrel,  Mushaway,  Myers,  Newsham,  01 
ver,  Pierce,  Poindexter,  Pollard,  Reagai 
Reese,  Riard,  Rodrig-uez,  Schwab,  Smitl 
Snaer,  Scott,  Snidei ,  Steele,  Thibaut,  Twi 
chell,  Underwood,  Vandergriff,  Waple 
Wickliffe,  WilHams,  Wilson— 67  membe: 
present. 

Prayer  by  the  Rev.  Jos.  Fisk. 

The  minutes  were  read  and  adopted. 


JOURNAL  OF  THE  COXSTITUTIONAL  CONTENTION. 


191 


Ir.  Cromwell  gave  notice  that  he  vdll 
ve  to  reconsider  the  vote  upon  article 

OEIGrS'AIi  EESOLUTIONS. 

5y  Mr.  Bui-reU: 

Resolved,  That  the  collectors  of  taxes  in 
;erent  parishes  be  instructed  to  pav 
the  delegates  of  their  respective  par- 
es, if  demanded  li^  them,,  the  amount 
?  on  their  respective  varrants.  instead  of 
-ino'  the  amoimt  into  the  Trt- asury  oi  the 
.te."^ 

^■esolved.  That  the  State  Treasurer  shall 
eive  the  "warrants  of  said  delegates  from 
tax  collectors  vhen  ind'^rsed  according- 
Dj  said  delegates  and  to  accredit  the  tax 
lector,  in  the  same  manner  as  when  said 
rrants  were  paid  for  taxes, 
liies  over. 
3y  Mr.  Meadows : 

Resohed,  That  the  Eev.  Josiah  Fisk 
dl  receive  the  sum  of  three  himdred  dol- 
for  his  services  from  the  State  Treas- 
?r,  the  same  to  be  paid  after  this  Coiivcii- 
n  shall  have  finished  its  work. 
Lies  over. 

The  follov-ing  communication  from  Geo. 
te  was  received  : 

GrEXTLEMEX — I  most  respectfullv  ask  that 
bill,  amounting  to  81:^2  50  for  repair- 

y  locks  and  furnisliing  keys  to  the  desks, 
j)aid.    My  bill  has  been  approved,  but 

is  impossible  for  me  to  get  a  warrant. 
I  have  my  licenses  and  taxes  to  pay.  I 
uld  most  respectfully  ask  to  be  paid. 

)ping  you  will  take  my  demand  into  con- 

leration,  I  am,  etc. 

And  the  claim  was  ordered  to  be  paid. 

rXFIXISRED  BrSIXESS. 

Mr.  Cromwell  moved  to  reconsider  the 
te  itpon  the  adoi^tion  of  article  125, 
ijority  report. 

Mr.  Bertonneau  moved  to  lay  the  motion 

reconsider  on  the  table. 

Adoi^ted. 

The  question  reciu-ring  upon  the  amend- 
ent  of  Mr.  Schwab  to  article  128,  majority 
port. 

'The  amendment  was  laid  on  the  table. 

Mr.  Cooley  was  called  to  the  chaii*. 

Mr.  Smith  moved  to  amend  by  striking 
rit  aU  after  the  word  ''article,"  and  in- 
irting : 

jAU  agreements,  bonds,  notes  and  mort- 
■iges  involving  Confederate  mo  aey, whether 
■■'.e  consideration  be  therein  expressed  or 
^)t;  and  all  subsequent  agreements,  bonds, 
')tes  and  mortgages,  as  well  as  judgments, 


executions  and  other  judicial  proceedings 
of  the  courts  of  this  State  in  reference  to 
such  original  bonds,  notes  and  mortgages 
are  null  and  void,  and  shall  not  be  enforced 
by  the  courts  of  this  State. 

The  Chaii'  decided  the  amendment  of 
Mr.  Smith  not  in  order. 

Mr.  Harris  moved  to  amend  the  amend- 
ment of  Mr.  McMillen  by  inserting  after 
the  words  ■'•'all  agTeements"  the  words  "and 
any  part  thereof."' 

Laid  on  the  table. 

The  question  recurring  upon  the  amend- 
ment of  Mr.  McMillen,  it  was  adopted. 

The  cV'^testion  recurring  upon  the  adoi^tion 
of  article  128,  as  amended,  and  reading  as 
follows : 

Art.  129.  AH  agi*eements,  the  considera- 
tion of  which  was  Confederate  money,  notes 
or  l)onds,  are  null  and  void,  and  shall  not 
I'e  enforced  by  the  courts  of  this  State. 
It  was  adopted. 

I  Mr.  Hempstead  moved  to  amend  article 
129.  majority  report,  by  striking  out  the 
words  •'•'obligations,"  and  ''in  the  i)^^st/' 

'  and  inserting: 

Contracts  for  the  sale  of  persons  or  ob- 
Hgations  in  which  persons  and  other  pro- 
perty are  concerned,  still  imexecuted,  are 
null' and  void,  and  shall  not  be  enforced  by 
the  courts  of  this  State,  so  far  as  the  yalue 
of  persons  is  concerned. 

;  Tabled. 

'    Mr.  Packard  moved  to  amend  the  article 
[  by  striking  out  all  after  the  word  ''article," 
and  inserting: 

''    .Ir.T.  130.   Contracts  for  the  sale  of  i^er- 
sons  still  unexecuted,  are  null  and  void,  and 
'  shall  not  be  enforced  by  the  courts  of  this 
,  State, 
j  Adopted. 

The  article  as  amended  and  reading  as 
I  follows : 

Art.  130.  Contracts  for  the  sale  of  per- 
sons still  unexecuted  are  null  and  void,  and 
shall  not  be  enforced  by  the  courts  of  this 
State. 

Was  adoi^ted. 

Mr.  CromweU  moved  to  adopt  the  follow- 
ing article  as  article  131  of  the  Constitu- 
tion. 

Aet.  131.  The  State  of  Louisiana  shall 
I  never  assume  nor  pay  any  debt  or  obhga- 
i  tion  contracted  or  incurred  in  aid  of  the 
j  rebellion  ;  nor  shall  this  State  ever,  in  any 
I  manner,  claim  from  the  United  States,  or 


192 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


make  any  allowance  or  Gompensa,tion  for 
slaves  emancipated  or  liberated  in  any  way 
whatever. 
Ado}3ted. 

Mr.  Lynch  moved  to  adopt  the  following 
as  article  132  of  the  Constitution : 

Art.  — ,  The  State  of  Louisiana  may 
be  sued  in  any  district  court  thereof,  for 
any  amount  within  the  jurisdiction  of  said 
court,  by  any  citizen  of  said  State. 

Mr.  Waples  moved  to  amend  by  adding: 

Where  the  cause  of  action  arises  after  the 
adoption  of  this  Constitution,  and  all  neces- 
sary x^rocesses  in  such  suits,  shall  be 
served  on  the  District  Attorney  for  the 
judicial  district  in  which  said  suit  is  brought. 

Mr.  Gair  moved  to  lay  the  pending  article 
and  amendment  on  the  table. 

Adopted. 

Mr.  Underwood  moved  to  adopt  article 
140,  minority  report,  as  article  132  of  the 
Constitution,  reading  as  follows: 

All  persons  who  were  formally  debarred 
by  slavery  from  legally  contracting  matri- 
mony in  this  State,  who  have  lived  together 
as  husband  and  vdfe  for  three  consecutive 
years  prior  to  the  adoption  of  this  Consti- 
tution, shaU  be  deemed,  after  the  adoption 
of  this  Constitution,  in  all  courts  of  justice, 
as  husband  and  wife,  and  their  offspring  as 
their  legal  heirs,  as  though  said  disability 
had  never  existed.- 

Mr.  Tinchant  moved  to  amend  by  adding: 
And,  to  j)i-'6vent  concubinage  in  this 
State,  the  General  Assembly  shall  enact 
such  laws  that  wiH  facilitate  all  women, 
without  distinction  of  race  or  color,  to  sue 
for  breach  of  promise.  The  General  As- 
sembly shall  also  provide  to  compel  to  mar- 
riage uiDon  application  of  one  of  the  j)arties, 
such  persons  v>'ho  may  have  lived  together 
not  less  than  one  year  consecutively. 

Laid  on  the  table. 

Mr.  Wickliffe  moved  to  amend  by  insert- 
ing "after  persons,"  the  words  *'of  African 
descent,"  and  by  striking  out  the  word 
''slavery"  and  inserting  in  lieu  thereof  "by 
the  laws  of  the  State." 

Mr.  Meadows  moved  to  lay  the  article 
and  all  pending  amendments  on  the  table. 

Adox3ted. 

Mr.  McMillen  moved  to  adopt  the  follow- 
ing as  article  132, 

Akt.  —  It  shall  be  the  duty  of  the  Gen- 
eral Assembly,  under  this  Constitution, 
to  provide  by  law  for  the  exemption  from 
sale  under  execution,  of  real  and  personal 


property,  not  to  exceed  in  amount  twi 
thousand  dollars;  Provided,  Said  law  shall il 
no  manner  impair  existing  obligations. 

Mr.  Belden  moved  to  amend  by  strikii| 
out  "$2000"  and  inserting  "|1000." 

Laid  on  the  table. 

M.  Dej)asseau  moved  to  lay  the  origins 
article  on  the  table. 

Adoi^ted. 

Mr.  Wickliffe  moved  to  adopt  the  f ol 
loY>dng  as  article  132 : 

Abt.  — .  Sec.  1.  There  shall  be  appointed 
by  the  Governor,  every  two  years,  by  ani 
with  the  advice  and  consent  of  the  Senate 
a  Board  of  Health  for  the  parishes  of  Or 
leans  and  Jefferson,  consisting  of  sevei 
members,  v/hose  qualifications  and  salarie 
shall  be  as  provided  by  law. 

Sec.  2.  The  said  Board  of  Health  shal 
have  power  to  regnilate  in  said  parishes,  ii 
conformity  with  such  laws  as  may  be  passe( 
by  the  Legislature,  the  matters  of  quaran 
tine,  drainage,  the  removal  and  deposit  o: 
offals  and  filth,  the  location  of  stock  yards 
slaughter-houses,  and  nuisance  wharves 
and  in  short,  have  general  supervisioi 
of  all  matters  that  affect  or  pertair 
to  the  public  health  in  said  parishes 
Provided,  That  no  slaughter-houses  or  stocl 
yards  shall  be  allowed  within  the  corporatt 
Kmits  of  a  city  or  town  within  said  parishes 
and  that  no  nuisance  wharves  or  dumping 
grounds  shall  be  allowed  in  said  parishes 
above  or  within  one-half  mile  below  th< 
present,  or  any  other  waterworks  that  maj 
be  constructed,  so  long  as  the  cities  of  NeTi 
Orleans  and  Jefferson  are  supplied  witi 
water  from  the  Mississippi  river;  and  Pro- 
videdfurtlier.  That  all  slaughter-houses  and 
stock  yards  shall  be  located  below  the  cor- 
porate limits  of  the  city  of  New  Orleans. 

Sec.  3.  No  municipal  corporation  shall 
pass  any  ordinance  conflicting  this  article, 
or  upon  the  subject  matter  thereof. 

Mr.  Underwood  moved  to  lay  the  motion 
of  Mr.  Wickliffe  on  the  table. 

Lost — ayes  30,  nays  36 — as  foUows: 

Yeas:  Barrett,  Bertonneau,  Blandin, 
Bonnefoi,  Cooley,  Crane,  Crawford,  Depas-I 
seau,  Douglass,  Francois,  Ferguson,  Gair, 
Guichard,  Harrison,  Isabelle  K.  H.,  Isa- 
belle  T.,  Lewis  J.  B.,  Ludeling,  Lynch, 
Martin,  McMillen,  Murrel,  Mushaway, 
Myers,  Oliver,  Reagan,  Roberts,  Scott, 
Underwood,  Waples — 30  yeas. 

Nays;  Antoine,  Baker,  Blackburn,  Bur- 
rel,  Butler,  Cromwell,  Cuney,  Dearing,  De- 
marest,  Donato,  Duparte  G.,  Dupart,  U., 
Esnard,  Harris,  Ingraham,  Jones,  Landers, 
Lange,  Leroy,  Lewis  R.,  Marie,  Meadows, 
McLeran,    Moses,    Packard,  Pinchback, 


JOUEXAL  OF  THE  COXSTITUTIOXAL  COXYEXTIOX. 


193 


dexter,  Pollard,  Einrd,  Sodrignez, 
-  oit,  Tidal,  Wicklifie,  Williams,  W- 
-36  nays. 

le  question  recurring  upon  tlie  motion 
f  Mr.  WickHffe. 

Mr.  Waples  moved  to  amend  by  striking 
ut  "appointed  by  tlie  Goyernor,"  and  in- 

rting  in  lieu  tliereof  "  elected  by  the 
ualified  electors  of  the  State." 

Mr.  Wickliffe  moved  to  lay  the  amend- 
lent  of  Mr.  Wai^les  on  the  table. 

Adopted. 

The  question  recui-ring  u^Don  Mr.  Wick- 
fife's  motion. 

The  article,  reading  as  folio vrs : 

Aet.  132.  Sec.  1.  There  shaU  be  ap- 
ointed  by  the  Governor,  every  two  years, 
y  and  with  the  advice  and  consent  of  the 
enate,  a  Board  of  Health  for  the  x^arishes 
f  Orleans  and  Jefferson,  consisting  of 
ven  members,  whose  qualifications  and 
ilaries  shaU  be  as  provided  by  law. 

Seo.  2.  The  said  Board  of' Health  shaH 
ave  power  to  regulate  in  said  parishes,  in 
Dnformity  with  such  laws  as  may  be 
assed  by  the  Legislature,  the  matters  of 
aarantine,  drainage,  the  removal  and  deposit 
E  offals  and  filth,  the  location  of  stock 
irds,  slaughter-houses,  and  nuisance 
harves,  and  in  short,  have  general  super^sd- 
on  of  all  matters  that  affect  or  pertain 
)  the  public  health  in  said  parishes  ; 
*rot*  iclecL  That  no  slaughter-houses  or  stock 
ards  shall  be  allowed  witliin  the  cori^orate 
mits  of  a  city  or  town  within  said  parishes, 
ad  that  no  nuisance  wharves  or  dumping 
rounds  shall  be  allowed  in  said  x^arislies 
bove  or  within  one-half  mile  below  the 
resent,  or  any  other  waterv^'orks  that  may 
e  constructed,  so  long  as  the  cities  of  New 
•rleans  and  Jefferson  are  supplied  with 
ater  from  the  Mississippi  river;  and  Pro- 
ided further.  That  all  slaughter-houses  and 
■jOck  yards  shall  be  located  below  the  cor- 
orate  limits  of  the  city  of  New  Orleans. 

Sec.  3.  No  municipal  corporation  shall 
ass  any  ordinance  conflicting  with  this  ar- 
cle,  nor  upon  the  subject  matter  thereof. 

Was  adopted — ayes  34,  nays  31 — as  f ol- 
)ws: 

Yeas:  Antoine,  Baker,  Blackburn,  Bur- 
3l,  Cromwell,  Cuney,  Deslonde  J.,  Du- 
arte  G.,  Dupart  U.,  Francois,  Guichard, 
[arper,  Hiestand,  Ingraham,  Isabelle  R. 
[.,  Kelso,  Landers,  Lange,  Leroy,  Lewis 
v.,  Marie,  Massicot,  Moses,  Murrel,  Pack- 
rd,  Pinchback,  Poindexter,  Pollard,  Reese, 

figgs,     Rodi-iguez,     Tinchant,  Valfroit, 
''iekliffe,  Williams — 34  yeas. 
Nays:   Barrett,    Bertonneaii,  Blandin, 
14 


Bonnefoi,  Crane,  Crawford,  Bearing,  Dema- 
rest,  Depasseau,  Dougia:-.  Esnard,  Fuller, 
Ferguson,  Gair,  Gould,  Harris,  Harrison^ 
Isabelle  T.:  Ludelinc;,  Lvach,  MartiD,  Mc- 
Millen,  Mushaway,  Myei^,  Oliver,  Eeagan, 
Eiard,  Eol^erts,  '  Steele,  Underwood,  Wa- 

IMv.  Oliver  rc-oorled  the  following  reason 
for  his  vote : 

Mr.  President  and  Members  of  tlie  Convention: 

I  do  not  think  that  tlio  s\Tl-)joot  belongs 
to  this  Convention.  It  is  r.  inattcr  of  legis- 
lation; and  as  I  did  not  come  here  to  legis- 
late, but  to  frame  a  Constitution,  I  vote  no. 

By  Mr.  Blandin: 

Article  130,  majority  report,  and  reading 
as  follows: 

Aet.  133.  The  seat  of  govern  ment  shall 
be  estabhshed  at  the  city  of  Baton  Eouge, 
and  shall  not  be  removed  without  the  con- 
sent of  two-thirds  of  the  members  of  both 
Houses  of  the  General  Assembly. 

Mr.  Pinchback  moved  to  amend  by  strik- 
ing out  "Baton  Rouge,"  and  inserting 
"New  Orleans." 

The  amendment  was  lost — ayes  31,  nays 
41 — as  foUows: 

Yeas:  Belden,  Bertonceau,  Blackburn, 
Blandin,  Burrel,  Crane,  Depasseau,  Doug- 
las, Duplessis,  Ferguson,  Gould,  Harris, 
Hempstead,  Hiestand,  E.  H.  Isabelle,  Tiios. 
Isabelle,  Jones,  Landers,  Marie  Martin, 
Massicot,  Mushaway,  Packard,  Pollard, 
Eiggs,  Eodriguez,  Steele,  Yraples,  Wick- 
liffe,  Williams,  Wilson — 31. 

Nays:  Antoine,  Baker,  Barrett,  Bonnefoi, 
Crawford,  Cuney,  Dearing,  Demarest,  P.  G. 
Deslonde,  U.  Dupart,  Francois,  Fuller, 
Gair,  Harj^er,  Harrison,  Ingraham,  Kelso, 
Lange,  Leroy,  J.  B.  Lewis,  Eichard  Le^'sis, 
Ludeling,  Lynch,  McLeran,  McMillen, 
Moses,  Murrel,  Myers,  Oliver,  Pinchback, 
Poindexter,  Eeagan,  Eeese,  Eiard,  Schwab, 
Scott,  Snider,  Thibaut,  Underwood,  al- 
froit,  Yandergriff — 41. 

The  article,  as  rei^orted,  was  adopted. 

Mr.  Gair  moved  to  reconsider  the  vote 
just  taken.  Lost. 

Mr.  Underwood  moved  to  adopt  article 
143,  minority  report. 

Mr.  Packard  having  the  floor,  yielded  it 
for  a  motion  to  adjourn,  with  the  consent 
of  the  Convention  that  he  should  have  the 
floor  to-morrow. 

The  Convention  adjourned  until  to-mor- 
row at  10  A.  M. 


A  true  copy. 


WM.  YIGEBS,  Secretpjy, 


194: 


JOUENAL  or  THE  CONSTITUTIONAL  CONTENTION. 


FITTY-rOUETH  DAY. 
New  Oeleans,  Saturday,  Feb.  1,  1868. 

The  Convention  met  pursuant  to  ad- 
journment and  was  called  to  order  by  Mr, 
Ingraham  at  10}4  o'clock  a.  m. 

Mr.  Crane  was  called  to  the  chair. 

The  roll  was  called  and  the  following 
members  ansvv^ered  to  their  names : 

Baker,  Belden,  Blackburn,  Blandin, 
Bonnefoi,  Brov/n,  Burrel,  Butler,  Cooley, 
Crane,  Cromwell,  Cuney,  Dearing,  Demar- 
est,  Depasseau.  P.  G.  Deslonde,  Donato, 
U.  Dupart,  Dui^lessis,  Ei  ancois,  Fuller, 
Ferguson,  Gair,  Gould,  Guicliard,  Harper, 
Harris,  Hempstead,  Ingraham,  E.  H. 
Isabelle,  Thos.  Isabelle,  Jones,  Lan- 
ders, Leroy,  J.  B.  Lewis,  E.  Lewis,  Marie, 
Martin,  Massicot,  Meadows,  Moses,  Mur- 
rel,  Myers,  Newsham,  Oliver,  Packard, 
Pierce,  Poindexter,  Pollard,  Eeagan, 
Eeese,  Eiard,  Eiggs,  Eodriguez,  Schwab, 
Snaer,  Scott,  Snider,  Steele,  Thibaut, 
Twitchell,  Underwood,  Valfroit,  Vander- 
griff,  Waples,  Wicklifte,  WiUiams,  Wil- 
«on — 67  members  present. 

Prayer  by  the  Eev.  Jos.  Fisk. 

The  minutes  were  read  and  adopted. 

ORIGINAL  EESOIiUTIONS. 

Mr.  E.  H.  Isabelle  called  up  the  follow- 
ing, lying  over  from  January  4,  1868 : 

Whereas,  The  x^roprietors  of  the  New 
Orleans  Picayune  have  daily  furnished  this 
Convention  with  morning  and  evening- 
papers;  and 

Whereas,  Some  compensation  to  the 
proprietors  of  said  journal,  toward  the  pay- 
ment of  its  labors,  is  due  as  an  act  of  jus- 
tice; and,  v.diile  this  Convention  ignores 
the  editorial  sentiments  of  said  journal,  yet, 
as  a  question  of  labor. 

Be  it  ordained  hy  the  Constitutional  Conven- 
tion of  tlie  State  of  Louisiana,  That  the  sum 
of  five  hundred  dollars  be  and  is  hereby 
appropriated  to  the  credit  of  the  proprie- 
tors of  said  New  Orleans  Picayune,  to  be 
paid  out  of  any  funds  raised  or  to  be  raised 
to  pay  the  expenses  of  this  Convention. 

Be  it  furtlier  ordained,  That  said  ]proprie- 
tors  shall  receive  warrants  for  the  above 
mentioned  five  hundred  dollars,  signed  in 
the  same  manner  as  those  issued  for  the 
payment  of  delegates  to  this  Convention. 

And  moved  to  adopt. 

Mr.  Cromwell  moved  to  lay  on  the  table. 

Lost. 

Mr.  Harper  moved  to  amend  by  striking 
out  all  after  the  words  "act  of  justice"  to 
the  word  ' '  labor, ' '  inclusive. 

Adopted. 


Mr.  Blackburn  moved  to  amend  by  stril 
ing  out  aU  after  the  word  "  resolved,  "  andi 
inserting : 

Resolved,  That  a  donation  of  ^500  be 
awarded  by  this  Convention  to  the  New 
Orleans  Picayune  for  the  happy  and  candid 
manner  in  which  it  has  abused  and  mis- 
represented the  object  and  purpose  of  the 
loyal  men  of  the  State. 

Laid  on  the  table. 

Mr.  McMiUen  moved  to  amend  by  strik-^ 
ing  out  all  after  the  word  "resolved"  and 
inserting : 

That  the  Committee  on  Printing  be 
instructed  to  ascertain  the  cost  price  of' 
the  Picayune  and  Commercial  Bulletin,  fur- 
nished members  of  the  Convention,  and 
whether  or  not  a  sufiicent  amount  should 
be  appropriated  to  reimburse  the  proprie- 
tors of  these  journals. 

Mr.  Pierce  moved  to  lay  the  original 
resolution  and  the  pending  amendment  oa 
the  table. 

Adopted.  J 
special  committee.  i 

The  special  committee  appointed  to  in- 
vestigate the  payment  by  tax  collectors  of 
warrants  into  the  treasury,  through  Mr. 
Hempstead,  chairman,  reported  progress. 

UNFINISHED  BUSINESS. 

Mr.  Blandin  moved  to  reconsider  the 
vote  upon  the  adoption  of  article  130. 

The  Chair  decided  that  as  the  motion  to 
reconsider  the  same  vote  had  been  once 
made  and  rejected  by  the  Convention,  the 
motion  was  not  now  in  order. 

Mr.  Blandin  moved  to  repeal  article  130 
of  the  Constitution. 

Mr.  McMillen  raised  the  point  of  order 
that  the  motion  should  not  be  entertained 
at  this  time,  for  two  reasons :  first,  for  the 
reason  that  the  consideration  of  the  remain- 
der of  the  reports  of  the  Committee  on 
the  Draft  of  the  Constitution  should  be 
completed  before  a  motion  to  repeal  any 
part  that  has  been  adopted  would  be  in 
order;  and  second,  that  the  hour  for  the 
order  of  the  day  having  ai'rived, 
business  .under  that  jhead  should  take 
precedence  of  all  other  motions. 

The  Chair  decided  that  the  point  of  order  | 
was  not  weU  taken.  | 

Mr.  McMillen  appealed. 

The  Chair  was  sustained.  i 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


195 


I\Ir.  Underwood  moved  to  lay  the  motion 
0  rexDeal  on  the  table. 

idoxJted — ayes  38,  nays  29 — as  follows: 
yes:  Antoine,  Baker,  Blackburn,  Bon- 
leioi.  Brown,  Crawford,  Cuney,  Dearing, 
r.  Deslonde,  U.  Dupart,  Francois,  Gair, 
jronld,  Kelso,  Leroy,  Eichard  Lewis, 
Lynch,  Meadows,  McLeran,  McMillen, 
Murrel,  Myers,  Newsham,  Oliver,  Pierce, 
Poindexter  Pollard,  Eeagan,  Eiard,  Scott, 
Snider,  Thibaut,  Tinchant,  Underwood, 
Valfroit,  Vandergriff,  Vidal,  Williams— 38 
Qa^-s. 

Nays:  Belden,  Bertonneaii,  Blandin. 
BiuTel,  Butler,  Crane,  Cromwell,  Depas- 
seau,  Douglas,  G.  Duparte,  Esnard,  Fer- 
guson, Guichard,  Harper,  Hemi^stead,  E. 
H.  Isabelle,  Jones,  Marie,  Moses,  Musha- 
^\'ay,  Packard,  Eiggs,  Eoberts,  Eodriguez, 
Smith,  Steele,  Waples,  "Wi^kliffe,  Wil- 
son— 29  nays. 

Mr.  Tinchant  m^oved  to  reconsider  the 
vote  upon  the  ado]Dtion  of  article  132  of  the 
Constitution. 

Mr.  Packard  raised  the  point  of  order 
that  the  motion  contravened  Eule  30,  and 
should  not  be  entertained. 

The  Chair  decided  that  the  point  of 
order  was  not  well  taken. 

Mr.  Packard  appealed. 

The  Chaii*  was  sustained. 

The  motion  to  reconsider  prevailed — ayes 
54,  nays  16 — as  follows: 

Yeas:  Baker,  Barrett,  Bertonneau,  Blan- 
din, Bonnefoi,  Burrel,  Cooley,  Crane, 
Crawford,  Depasseau,  Deslonde  P.  G.,  Des- 
londe Jos.,  Douglas,  Duparte  G.,  Dupart 
U.,  Duplessis,  Esnard,  Francois,  Ferguson, 
Gair,  Harris,  Harrison,  Hempstead,  Isa- 
belle Thos.,  Kelso,  Lange,  Leroy,  Lewis 
E. ,  Ludeling,  Lynch,  Mane,  Martin,  Mc- 
MiUen,  Murrel,  Mushaway,  Myers,  New- 
sham,  Pierce,  Pinchback,  Poinclexter,  Pol- 
lard, Eeagan,  Eeese,  Eiard,  Eobers,  Snaer, 
Scott,  Snider,  Steele,  Thibaut,  Tinchant, 
Valfroit,  Yidal,  Wajjles — 54  ayes. 

Nays  :  Blackburn,  Cromwell,  Gould, 
Guichard,  Harper,  Ingi-aham,  Isabelle 
E.  H.,  Jones,  Meadows,  Moses,  Packard, 
Eodriguez,  Smith,  WickUffe,  Williams, 
Wilson — 16  nays. 

Mr.  Tinchant  moved  to  reject  the  article. 
Adopted. 

Mr.  McMillen  moved  to  reconsider  the 
vote  just  taken. 

Mr.  Packard  moved  to  lay  the  motion  to 
reconsider  on  the  table. 

Adopted. 


Mr.  Waj^les  moved  to  suspend  the  rules 
to  enable  him  to  offer  the  following  as  an 
article  of  the  Constitution  : 

Aet.  — .  In  all  cases  when  the  fees  of 
the  Sheriff,  Eecorder  of  Mortgages,  Ee- 
corder  of  Conveyances,  Clerk  of  any  city- 
court,  or  other  j)arish  officer,  shall  exceed 
ten  thousand  (810,000)  dollars  per  annum, 
besides  paying  the  necessary  office  expenses, 
to  be  fixed  by  law,  it  shall  be  the  duty  of 
any  such  officer  to  -paj  the  surplus  into  tho 
treasmy  of  the  ^Darish  in  which  the  office  is 
held,  for  the  x>urpose  of  supporting  the 
paux^ers  therein.  The  General  Assembly 
shall  ax^portion  the  State  charity  fund, 
growing  out  of  the  x^oll  tax,  or  arising  from 
other  sources,  (one-half  at  least  of  said  tax 
being  so  apx^roxn-iated),  among  the  several 
X^arishes,  j^^'o  rata,  according  to  the  number 
of  x^aux^ers  actually  sux^xjorted  by  each  par- 
ish; and  shall  adox^t  such  legislation  as 
shall  be  necessary  to  carry  this  article  into 
effect,  and  to  x^revent  fraud  on  the  part  of 
such  officers  as  may  have  a  surx)lus  above 
the  sum  mentioned. 

The  rules  were  suspended. 

Mr.  Waples  moved  to  adopt  as  article  132 
of  the  Constitution. 

Pending  its  consideration,  a  quorum  nofc 
being  present,  the  Convention  adjourned 
tiU  Monday  at  10  o'clock  a.  m. 

A  true  copy : 

WM.  VIGEES,  Secretary, 


FIFTY-FIFTH  DAY. 
New  Okleans,  Monday,  Feb.  3, 1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the 
President  at  10  o'clock  a.  m. 

The  following  members  answered  to 
their  names : 

J.  G.  Taliaferro,  President;  Messrs.  Ba- 
ker, Blackburn,  Blandin,  Bounefoi,  Bro-«Ti, 
Burrel,  Crane,  Crawford,  Cromwell,  Cuney, 
Dearing,  Depasseau,  P.  G.  Deslonde,  J. 
Deslonde,  Donato,  U.  Dux3art,  Duplessis, 
Edward,  Francois,  Fuller,  Ferguson,  Gail*, 
Gould,  Guichard,  Harper,  Harris,  Ingra- 
ham,  E.  H.  Isabelle,  T.  Isabelle,  Jones, 
Kelso,  Landers,  Leroy,  J.  B.  Lewis,  E. 
Lewis,  Marie,  Massicot,  McLeran,  Morris, 
Moses,  Murrel,  Mushaway,  Myers,  Oliver, 
Packard,  Pierce,  Poindexter,  Pollard,  Eea- 
gan, Eiard,  Eiggs,  Eoberts,  Eodriguez, 
Smith,  Scott,  Snider,  Steele,  Thibaut, 
TwitcheU,  Vandergi'iff,  WaiDles,  WickliffOa 
WiUiams,  Wilson — 65  members  present. 

Prayer  by  the  Eev.  Jos.  Fisk, 


1.96 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  minutes  were  read  and  approved. 

OEIGINAIi  KESOIiUTIONS. 

By  Mr.  Keagau : 

"Whekeas,  Many  of  the  members  of  this 
Convention,  by  circumstances  of  necessity, 
liave  been  comx^elled  to  make  unreasonable 
and  exhorbitant  discounts  ui3on  their  war- 
rants, which  unjustly  reduces  their  ^je?- 
diem  below  its  legal  allowance;  and, 

Wheeeas,  It  is  deemed  impossible  for 
this  Convention  to  enable  its  members  to 
avoid  such  sacrifices;  therefore,  be  it 

Resolved,  That  any  member  of  this  Con- 
vention, the  Secretary  and  Chief  Enrolling 
Clerk,  on  presentation  of  evidence  deemed 
competent  by  the  Convention,  that  they  made 
such  discounts  as  above,  shall  receive  from 
the  Warrant  Clerk  a  warrant  equivalent  to 
such  discounts;  Provided,  Such  extra  allow- 
ance shall  not  exceed  two  hundred  dollars 
to  each  member  or  employee;  Provided, 
furilier,  That  no  allowance  shall  be  made 
on  the  discount  of  warrants  after  the  first 
day  of  February,  1868. 

Lies  over. 

By  Mr.  W.  Brown: 

Resolved,  That  the  Chairman  of  Com- 
inittee  on  Contingent  Expenses  be  instruct- 
ed to  authorize  the  Warrant  Clerk  to  issue 
"warrants  to  B.  Bloomfield  &  Co.  to  the 
amount  of  their  bill  for  stationery,  coal, 
etc. ,  amounting  to  eighteen  hundred  and 
sixty-six  dollars  and  forty-four  cents. 

Lies  over  till  Thursday. 

Mr.  ingraham.  moved  that  one  Assist- 
ant Warrant  Clerk  be  a^opointed  by  the 
President. 

Laid  on  the  table. 

Mr.  Wickliffe  moved  that  a  committee  of 
three  bo  appointed  by  the  Chair  to  inquire 
into  the  subject  of  the  jDayment  of  the  Pic- 
ayune newsi3aper,  and  that  said  committee 
1)6  instructed  to  learn  whether  said  paper 
•was  ordered  by  anj^  officer  of  this  Conven- 
tion, and  what  remuneration,  if  any,  shall 
l>6  allowed  the  proprietors  of  said  paper. 

Mr.  Waples  moved  to  amend  by  adding: 

And  if  any  officers  shall  be  found  by  the 
committee  to  have  ordered  the  paper,  such 
officers  shall  be  requested  to  pay  the  biU. 

Laid  on  the  table. 

The  motion  of  Mr.  Wickliffe  prevailed. 

The  Chair  api3ointed  as  the  committee, 
Messrs.  Wickliffe,  Moses  and  Packard. 

The  Committee  on  Contingent  Expenses 
submitted  the  following  report,  which  was 
receiyed; 


To  the  Honorable  President  and  Members  of  the  Cot 
stitutional  ConYentiou  of  Louisiana : 

Gentlemen — The  Committee  on  Contin 

gent  Expenses,  respectfully  report  that  the 

have  received  the  following  bills  for  prini 
ing,  viz: 

New  Orleans   Bepublican,  from 

Dec.  22,  to  the  4:6th  day  $3,956  00 

New  Orleans  Teibune,  from  the 

1st  day's  session  to  the  4:6th  ' 

inclusive   3,956  00 

New  Orleans  German  Gazette, 
for  publication  of  official  pro- 
ceedings from  the  1st  day  to 

33d,    inclusive   3,956  00 

Iberville  Pioneer,  publication  of 

proceedings,  as  i^er  duplicates  3,625  00 

Homer  Eiad,  for  jDubKcation  of 
official  proceedings,  as  per  du- 
plicates  3,625  Oa 

New  Orleans  Advocate,  for  pub- 
lication of  official  proceedings, 

asperdujjlicates   3,625  00 

Louisiana  Intelligencer,  publica- 
tion of  official  proceedings,  as 

per  duplicates   3,625  00 


Total  $25,571  00 

The  above  bills  having  been  examined 
and  approved  by  the  Committee  on  Con- 
tingent Expenses  and  Printing,  we  re- 
commend that  warrants  be  issued  for  the 
same. 
Very  respectfully, 

A.  N.  Gould, 
Chairman  pro  tern,  of  Contingent  Expenses 
Committee. 

And  the  Warrant  Clerk  was  ordered  to 
issue  warrants  in  payment  of  the  bills  re- 
ferred to  therein  to  the  respective  claim- 
ants. 

A  recess  of  one  hour  was  taken.  At  its 
exxoiration  the  Convention  was  called  to 
order  by  the  President.  A  quorum  present. 

Mr.  Wickliffe  moved  to  suspend  the  rules 
to  take  up  the  report  of  the  Special  Com- 
mittee on  Contingent  Exi)enses. 

Adopted. 

Mr.  Wickliffe  moved  to  reconsider  the^ 
vote  postponing  the  resolution  of  MrJ 
Brown  till  Thursday.  S 

Adopted.  % 

Mr.  McMiHen  moved  to  adopt  the  reso- 
lution, as  reported  by  the  committee. 

Mr.  Waples  moved  to  amend  the  first 
resolution  of  the  special  committee  by  add- 
ing after  the  word  "upon"  the  words  **as  to 
Bloomfield's  biU,  and  twenty-five  per  cent, 
as  to  Madden's  bill." 


JOUENAIi  OF  THE  CONSTITUTIONAL  CONYEXTION. 


19T 


Mr.  Hempstead  moved  to- lay  the  amend- 
ment on  the  table. 
Adopted — ayes  50,  nays  17 — as  follows: 
Yeas:  Antoine,  Baker,  Belden,  Black- 
Ijiirn,  Blandin,  Brown,  Burrel,  Butler,  De- 
marest,  Donato,  Douglas,  G.  Duparte,  U. 
Dupart,  Duplessis,  Francois,  fxair,  Harris, 
Hempstead,  Ingraham,  E.  H.  Isabelle, 
Tho.  Isabelle,  Jones,  Kelso,  Leroy,  R. 
Lewis,  Marie,  Meadows,  McLeran,  Morris, 
Moses,  Murrel,  Myers,  Newsham,  Oliver, 
Packard,  Pierce,  Poindexter,  Pollard,  Rea- 
gan, Riggs,  Rodriguez,  Scott,  Steele,  Thi- 
baiit,  Tinchant,  TwitcheU,  Yidal,  Wicklilfe, 
Williams,  Wilson — 50  yeas. 

Nays:  Bertonneau,  Crane,  Crawford, 
Deariug,  Depasseau,  Edward,  Esnard, 
Fuller,  Gould,  Harrison,  Martin,  Massicot, 
McMillen,  Mushaway,  Pinchback,  Riard, 
Y^aples — 17  nays. 

r  ir.  Hempstead  moved  to  lay  the  motion 
Mr.  McMillen  on  the  table. 
Adopted — ayes  45,  nays  22 — as  follows : 
Yeas  :    Belden,     Blackburn,  Blandin, 
Brown,  Butler,  Cuney,  P.  G.  Deslonde,  Do- 
nato,   G.  Dupfirte,  U.  DuT)art,  Fra-ncois, 
Gair,  Harper.  Harris,  Hempstead,  Ingra- 
ham, R.  H.  Isabelle,  Thos.  Isabelle,  Jones, 
Kelso,    Richard  Lewis,  jl;irie,  Meadows, 
McLeran,  Morris,  Moses,  Murrel,  Newsham, 
Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Riggs,  Rodriguez,  Scott, 
Thibaut,  Tinchant,  TwitcheU,  Yandergriff, 
Yidal,  Wickliffe,  Wihiams,  Y\^nson-45. 

Nays  :  Antoine,  Bertonneau,  Burrel, 
^Drane,  Crawford,  D  earing.  Depasseau, 
Douglas,  Edward,  Esnard,  FuUer,  Gould, 
Harrison,  Martin,  Massicot.  McMiUen, 
Mushaway,  Myers,  Oliver,  Riard,  Steele, 
Waples~22. 

Mr.  Blackburn  moved  that  the  biUs  of 
B.  Bloomfield  &  Co.  and  J.  W.  Madden,  as 
presented  through  the  Committee  on  Con- 
tingent Expenses,  for  strtionery,  etc. ,  fur- 
nished this  Convention,  be  allowed,  and 
warrants  ordered  to  be  issued  for  the  sums; 
and  that  aU  the  bills  for  printing  as  pre- 
I  sented  to-day  and  approved  by  the  Com- 
jmittees  on  Printing  and  on  Contingent 
[j Expenses  be  also  allowed,    and  warrants 
|j  ordered  to  be  issued  for  the  same, 
j!    Adopted — ayes  47,  nays  27 — as  follows: 
I     Teas:  Baker,  Belden,  Blackburn,  Blan- 
Idin,  Brown,  Burrel,  Butler,  CromweU,  Des- 
!  londe  P.  G. ,  Donato,  Duparte  G. ,  Dupart  U. , 
!  Duplessis,  Francois,  Gair,  Harper,  Harris, 
Hempstead,  Ingraham,  Isabelle  R.  H.,  Isa- 
belle T.,  Jones,  Lange,  Lewis  R.,  Marie, 
Meadows,  McLeran,  Morris,  MurrelljOHver, 


Packard,  Pierce,  Poindexter,  Pollard,  Rea- 
gan, Riard,  Riggs,  Rodriguez,  Scott,  Thi- 
baut, Tinchant,  TwitcheU.  Yandergriff,  Yi- 
dal, Yv~ickliffe,  Williams,  Wilson — 17  yeas, 
i    Nays:  Antoine,    Bertonneau,  Bonnefoi, 
jCooley,  Crane,  Crawford,  Caney,  Dearing, 
I  Depasseau,  Douglas,  »hvard,  Esnard,  Fi3- 
I  ler,  Ferguson,  Gould,  Harrison,  Kelso,  Mas- 
I  sicot,  McMillen.  Moses,  Myers,  Pinchback, 
j  Y/'aioles — 21  nays. 

Mr.  Tinchant  recorded  the  foUowiug 
reasons  for  his  vote: 

Believing  that  no  injustice  can  be  done 
to  the  oliicial  printers  by  the  Committee 
on  Printing,  I  wiU  vote  for  the  resolution  of 
Mr.  Blackburn. 

Mr.  WickHffe  moved,  to  suspend  the  rules 
to  take  up  the  biU  of  the  Picayune. 
Adopted. 

Mr.  Wickliffe,  as  chairman  of  the  Special 
1  Committee,  submitted  the  following  re- 
jport: 

j  EEPOET  OF  SPECTAT.  COMinTTEE. 

i  To  the  President  aud  IMembers  ot  the  Constitutiona''' 
j  Convention: 

I    Gentle^iex — Your  committee  api:)ointed 
to  investigate  the  claim  of  the  Picayune 
newspaper,  respectfuUy  rej^ort  that  they 
cannot  learn  that  any  olUcer  of  this  Con- 
vention has  ordered  said  paper  ;  but  the 
1  action  of  this  Convention  in  regard  to  pay- 
;  ing  the  Picayune  by  introducing  a  resolu- 
I  tion  to  that  effect  at  an  early  stage  of  our 
j  iDroceedings,  v\-as  considered   by  the  pro- 
I  prietors  of  said  paper  as  a  tacit  promise 
I  to   do   something  for  the   relief  of  the 
;  pa]3er,    and  upon  the  faith  of  that  tacit; 
'promise,  the  proprietors  continued  to  fur- 
j  nish  said  X3aper  to  the  members  of  this  Con- 
;  vention. 

j  Your  committee  therefore  respectfully  rep- 
I  resent  that  aU  the  circumstances  consid- 
!  ered,  your  committee  suggest  the  propriety 
I  of  adopting  the  f oUowing  resolution : 

Resolved,  That  five  hundred  doUars  be 
and  the  same  is  hereby  approjDriated  out  of 
any  funds  that  may  be  in  the  hands  of  the 
State  Treasurer,  derived  from  the  Tax  Ordi- 
nance of  this  Convention,  after  the  war- 
rants heretofore  authorized  are  paid;  and, 
that  the  Y^arrant  Clerk  is  hereby  ordered 
to  issue  a  warrant  for  the  sum  of  five  hun- 
dred dollars  to  Messrs.  A.  M.  Holbrook  & 
Co.,  the  iDroiDrietors  of  the  New  Orleans 
Picayune. 

And  moved  to  adoj^t  the  resolution. 
Adopted. 

rXFIXISHED  BESIXESS. 

Mr.  Y^aples"  article  being  under  con* 
sideration. 


198 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Mr.  Blandin  moved  to  lay  on  the  table. 
Adopted. 

Mr.  R.  H.  Isabelle: 

Article  143,  minority  report,  as  follows: 

Art.  143.  The  corporation  of  the  city  of 
New  Orleans  shall  be  the  parish  of  Orleans. 
The  right  bank,  as  now  existing,  shall  be 
the  Fifth  District,  the  other  districts,  as 
BOW  existing,  shall  not  be  altered. 

Mr.  Wilson  moved  to  amend  by  striking 
out  all  after  the  word  "District,"  in  the 
fourth  Hne. 

Adopted. 

The  article,  as  amended,  being  under 
consideration. 

The  Convention  adjourned  until  to-mor- 
row at  10  A.  M. 

A  true  copy  : 

"WM.  VIGERS,  Secretary. 

FIFTY-SIXTH  DAY. 

New  Orleans,  Tuesday,  Feb.  4,  1868. 

The  Convention  met  pursuant  to  adjourn- 
jnent  and  was  called  to  order  by  the  Presi- 
dent at  10  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names : 

J.  G.  Tahaferro,  President ;  Messrs. 
Antoine,  Baker,  Bertonneau,  Blandin,  Bon- 
seigneur,  Bonnefoi,  Brown,  Burrel,  Butler, 
Cooley,  Crane,  Cromwell,  Cuney,  D earing, 
Demarest,  Depasseau,  Duparte  G.,  Dupart 
U. ,  Duplessis,  Edward,  Esnard,  Francois,  Ful- 
ler, Ferguson,  Gair,  Gardiner,  Gould,  Gui- 
chard,  Harper,  Harris,  Harrison,  Ingraham, 
Isabellel  R.  H. ,  Isabelle  Thos. ,  Jones,  Kel- 
so, Landers,  Lange,  Leroy,  Marie,  Martin, 
Massicot,  Meadows,  Moses,  Murrel,  Mush- 
away,  Myers,  Oliver,  Packard,  Pierce, 
Poindexter,  Pollard,  Reagan,  Reese,  Riard, 
Rodriguez,  Scott,  Snider,  Steele,  Thibaut, 
Twitchell,  Underwood,  Vandergriff,  Waples, 
IVickliffe,  Williams,  Wilson — 68  members 
present. 

Prayer  by  the  Rev.  Jos.  Fisk. 

The  minutes  Avere  read  and  adopted. 

OEIGINAIi  resolutions. 

By  Mr.  R.  I.  CromweU: 

Art.  — .  All  persons  who  do  now,  and 
liave  heretofore  lived  and  cohabited  together 
as  husband  and  wife,  shall  be  taken  and 
held  in  law  as  legally  married,  and  their 
issue  shaR  be  taken  and  held  as  legitimate 
for  all  piu'poses  in  law. 

Resolved,  That  this  shall  be  an  article  in 
the  Constitution  of  Louisiana. 

Lies  over. 


By  Mr.  R.  L  Cromwell:  i 

Concubinage  and  adultery  are  prohib-  ! 
ited  within  this  State. 

Resolved,  That  it  shall  be  an  article  of  th^ 
Constitution  of  Louisiana. 
^Lies  over.  1 

By  Mr.  CromweU: 

Art.  — .  It  shall  not  be  lawful  after  the 
adoption  of  this  Constitution  for  any  thea- 
tre, concert,  circus,  or  any  licensed  place 
of  public  amusement,  to  be  carried  on  on 
the  Sabbath  day. 

Resolved,  That  this  shall  be  an  article  in 
the  Constitution  of  Louisiana. 

Lies  over. 

By  Mr.  Wickliffe: 

Resolved,  That  the  Warrant  Clerk  of  tliis 
Convention  be  instructed  to  issue  to  the 
members  of  this  Convention  warrants  for 
such  sums  as  they  may  demand;  Provided^ 
That  no  member  shall  overdraw  his  per  diem. 

The  rules  were  suspended,  and  the  reso- 
lution was  adopted. 

By  Mr.  Crane: 

Art.  — .  It  shall  require  two-thirds  of 
both  Houses  of  the  General  Assembly  to 
pass  tax  and  appropriation  bills.  State, 
parish,  municipal  and  other  taxes  combined, 
shall  not  exceed  two  per  cent,  of  the  value 
of  the  property  taxed. 

Lies  over. 

SPECIAL  committees. 

The  special  committee  to  examine  and 
report  upon  the  payment  of  taxes,  through 
Mr.  Reagan,  chairman,  submitted  the  follow- 
ing report : 

report  oe  special  committee. 

To  the  President  and  Members  of  the  Constitutional 
Convention: 

Gentlemen — Pursuant  to  a  resolution 
adopted  January  29,  1868,  by  the  Con- 
vention, to  inquire  into  the  matter  of  the 
$3000  paid  into  the  State  Auditor's  hands, 
by  Thomas  Askew,  Tax  Collector,  First  Dis- 
trict, New  Orleans,  your  cammittee  beg 
leave  to  make  the  following  rejoort: 

Having  examined  the  Collector's  books, 
we  find  that  up  to  the  29th  day  of  January, 
1868,  there  was  received  $3706  40,  of  which 
sum  was  in  warrants  issed  by  the  Convene 
tion,  to  the  amount  of  $1809  90,  almost 
all  of  which  warrants  were  paid  by  the 
various  insurauce  companies  on  their  re- 
spective tax  accounts. 

All  of  which  is  resjDectfuUy  submitted. 
[Signed]  O.  H.  Hempstead,  ■ 

C.  C.  Antoine,  ' 
Geo.  W.  Reagan. 

Which  was  received,  and  the  committee 
1  was  discharged. 


JOUENAL  OF  THE  CONSTITUTIONAL  COXYEXTION. 


199 


UNFINISHED  BUSINESS. 

Mr.  Crane  moved  to  suspend  the  rules 
to  enable  liim  to  offer  the  following  as  an 
article  of  the  Constitution  : 

Akt.  — .  It  shall  requii'e  two-thirds  of 
both  Houses  of  the  General  Assembly  to 
pass  tax  and  approbriation  bills.  State, 
parish,  municipal  and  other  taxes  com- 
bined, shall  not  exceed  two  per  cent,  of  the 
.value  of  the  i^roperty  taxed. 

Lost. 

Mr.  Isabelle  moved  to  adopt  article  143, 
minority  report. 

Mr.  Cooley  moved  to  lay  the  motion  on 
the  table. 

Adoi3ted — ayes  46,  nays  19— as  follows: 
Yeas:  Baker,  Bertonneau,  Blandin,  Bon- 
nefoi,  Burrel,  Cooley,  Crane,  Dearing, 
Demarest,  Depasseau,  Douglas,  Daplessis, 
Ferguson,  Gair,  Gardiner,  Gould,  Gui- 
cliard,  Harper,  Harris,  Harrison,  Isabelle 
Thos.,  Kelso,  Landers,  Massicot,  Meadows, 
Mushaway,  Myers,  OHver,  Packard,  Pierce, 
Pinchback,  Poindexter,  Pollard,  Eea- 
gan,  Keese,  Schwab,  Smith,  Snaer, 
Scott,  Snider,  Steele,  Thibaut,  TwitcheU, 
Underwood,  Waples,  WickliiTe,  WiUiams — 
46  yeas. 

Nays:  Antoine,  Butler,  Cromwell,  Du- 
parte  G.,  Dupart  U.,  Edward,  Francois, 
Ingraham,  Isabelle  R.  H.,  Jones,'  Lange, 
Leroy,  McLeran,  Morris,  Moses,  Murrel, 
Riggs,  Rodriguez,  Wilson — 19  nays. 

Mr.  Pinchback  was  called  to  the  chair. 

Mr.  Crane  moved  to  adopt  as  article  133 
the  following: 

Art.  — .  It  shall  require  two-thirds  of 
both  Houses  of  the  General  Assembly  to 
pass  tax  and  appropriation  bills.  State, 
parish,  municipal  and  other  taxes  combined, 
shall  not  exceed  two  j)er  cent,  of  the  value 
of  the  property  taxed. 

Mr.  Smith  asked  that  the  question  be  di- 
vided and  a  vote  taken  separately  uj^on  the 
first  and  second  clauses  of  the  article. 

The  i3revious  question  was  demanded  by 
a  majority  of  the  delegates. 

The  question  recurring  upon  the  first 
part  of  the  article,  reading  as  follows: 

It  shall  require  two-thirds  of  both  Houses 
of  the  General  Assembly  to  pass  tax  and 
appropriation  bills. 

It  was  lost. 

The  question  recurring  upon  the  second 
part  of  the  article,  as  follows : 

State,  parish,  municipal  and  other  taxes 
combined,  shall  not  exceed  two  per  cent.  | 
of  the  value  of  the  property  taxed.  I 


It  was  lost. 
By  Mr.  Blandin: 

Article  131,  majority  rei)ort,  as  follows: 
There  shall  be  a  Board  of  Public  Works, 
to  consist  of  one  commissioner  from  each. 
Congressional  district  of  the  State. 

Mr.  Wickliffe  moved  to  amend  by  strik- 
ing out  all  after  the  word  ."article,"  and 
inserting  Title  10— Constitution  of  1864— 
as  follows: 

INTERNAL  IMPROVEMENTS. 

Art.  133.  There  shall  be  appointed  by 
the  Governor  a  State  Engineer,  skilled  in 
the  theory  and  practice  of  his  profession, 
who  shall  hold  his  office  at  the  seat  of  gov- 
ernment for  the  term  of  four  years.  He 
shall  have  the  sujDerintendence  and  direction 
of  all  public  works  in  which  the  State  may 
be  interested,  except  those  made  by  joint 
stock  comxDanies  or  such  as  may  be  under 
the  parochial  or  city  authorities  exclusively 
and  not  in  conflict  with  the  general  laws 
of  the  State.  He  shall  communicate 
to  the  General  Assembly,  through  the  Gov- 
ernor, annually,  his  views  concerning  the 
same,  rei:)ort  upon  the  condition  of  the  pub- 
lic works  in  progress,  recommend  such 
measures  as  in  his  opinion  the  public  inter- 
est of  the  State  may  require,  and  shall  per- 
form such  other  duties  as  may  be  prescribed 
by  law.  His  salary  shall  be  five  thousand 
dollars  per  annum,  until  otherwise  provided 
by  law.  The  mode  of  election,  number 
and  salary  of  his  assistants  shall  be  fixed 
by  law.  '^The  State  Engineer  and  assistants 
shall  give  bonds  for  the  performance  of 
their  duties  as  shall  be  prescribed  by  law. 

The  General  Assembly  may  create  in- 
ternal improvement  districts,  composed  of 
one  or  more  parishes,  and  may  grant  a 
right  to  the  citizens  thereof  to  tax  them- 
selves for  their  improvements.  Said  in- 
ternal improvement  districts,  when  cre- 
ated, shall  have  the  right  to  select  com- 
missioners,  shall  have  power  to  appoint 
officers,  fix  their  pay  and  regulate  all 
matters  relative  to  the  improvements  of 
their  districts,  provided  such  improve- 
ments will  not  conflict  -svith  the  general 
laws  of  the  State. 

The  General  Assembly  may  grant  aid  to 
said  districts  out  of  the  funds  arising  from 
the  swnmp  and  overflowed  lands,  granted  to 
the  State  by  the  United  States  for  that  pur- 
pose or  other^use. 

The  General  Assembly  shall  have  the 
right  of  aboHshing  the  office  of  State 
Engineer,  by  a  majority  vote  of  all  the 
members  elected  to  each  branch,  and  of 
substituting  a  board  of  x^ublic  Y>-orks  in  lieu 
I  thereof,  should  they  deem  it  necessaiy. 
I     Mr.  Crane  moved  to  amend  the  sub- 


200 


JOUENAL  or  THE  CONSTITUTIONAL  CONVENTION. 


stitute  by    striking  out  the  words   * '  aj)- 1 
pointed   by   the   Governor,"  and  insert- 
ing the  words  "elected  by  the  qualified 
electors  of  the  State." 

The  article,  as  amended,  and  reading  as 
follows  : 

Akt.  133.  There  shall  be  elected  by  the 
qualified  voters  of  the  State  a  State  En- 
gineer, skilled  in  the  theory  and  i^ractice  of 
his  profession  who  shall  hold  his  office  at 
the  seat  of  government  for  the  term  of  four 
years.  He  shall  have  the  superint  endence 
and  direction  of  all  public  works  in  which 
■  the  State  may  be  interested,  except  those 
made  by  joint  stock  companies  or  such  as 
.may  be  under  the  parochial  or  city  authori- 
ties exclusively  and  not  in  conflict  Avith  the 
.  general  laws  oi"  the  State.  He 'shall  commu- 
nicate to  the  General  Assembly,  through  the 
Governor,  annually,  his  views  concerning  the 
■same,  rex^ort  upon  the  condition  of  the  pub- 
lic works  in  progress,  recommend  such 
measures  as  in  his  opinion  the  public  inter- 
est of  the  State  may  require,  and  shall  per- 
form such  other  duties  as  may  be  precribed 
by  law.  His  salary  shall  be  five  thousand 
dollars  per  annum,  until  otherA\dse  provided 
by  law.  The  mode  of  election,  number 
and  salary  of  his  assistants  shall  be  fixed 
by  law.  The  State  Engineer  and  assistants 
shall  give  bonds  for  the  x^erformance  of 
their  duties  as  shall  be  j)i"escribed  by  law. 

The  General  Assembly  ma,y  create  in- 
ternal improvement  districts,  composed  of 
one  or  more  parishes,  and  may  grant  a 
light  to  the  citizens  thereof  to  tax  them- 
selves for  their  improvements.  Said  in- 
ternal improvement  districts,  when  created, 
ghall  have  the  right  to  select  commissioners, 
shall  have  power  to  appoint  officers,  fix 
their  pay  and  regulate  all  matters  relative 
to  the  improvements  of  their  districts,  pro- 
vided such  improvements  will  not  conflict 
with  the  general  laws  of  the  State. 

The  General  Assembly  may  grant  aid  to 
said  districts  out  of  the  funds  arising  from 
the  swamp  and  overflowed  lands,  granted 
to  the  State  by  the  United  States  for  that 
purpose  or  otherwise. 

The  General  Assembly  shall  have  the 
right  of  abolishing  the  office  of  State 
Engineer,  by  a  majority  vote  of  all  the 
'members  elected  to  each  branch,  and  of 
substituting  a  board  of  public  works  in 
lieu  thereof,  should  they  deem  it  neces- 
sary. 

Was  adopted. 

Mr.  Steele  voted  in  the  majority  and  gave 
notice  that  he  would  move  to  reconsider. 

Mr.  Blackburn  recorded  the  folio  Vying 
xeasons  for  his  vote: 


I  vote  against  the  proposition  to  prj 
vide  for  the  organization  'of  a  board  M 
public  works  by  constitutional  provisio^ 
for  the  reason,  namely:  that  every  lani 
owner,  whether  in  the  Mississippi  bottonoi 
or  on  the  bayous  in  the  hill  region  of  thej 
State,  should  be  left  to  protect  his  own  pra| 
perty  from  waste  and  inundation;  and  tot 
the  further  reason,  that  the  entire  leve^ 
system  in  Louisiana  has  heretofore  prove| 
a  sublime  humbug,  and  a  grand  swindl^ 
upon  the  people  of  the  State  at  large,  and 
there  has  not  been,  nor  can  there  be  any 
good  reason  advanced  why  it  would  not 
prove  the  same  in  the  future,  even  to  a 
greater  extent.  | 
W.  Jaspek  Blackbuen. 

Mr,  Belden  recorded  the  following  rea- 
sons for  his  vote :  i 

I  am  in  favor  of  the  appointment  of  a 
State  Engineer,  but  shall  vote  against  the 
amendment,  as  I  favor  the  creation  of  a 
board  of  public  works  by  constitutional 
provision,  which  the  ymendment  destroys,; 

The  geographical  position  of  this  State,! 
the  large  amount  of  alluvial  lands  subject 
to  inundation  and  the  present  deso- 
lated condition  of  Louisiana  from  inunda- 
tion, all  demand  that  an  efficient  board  of 
'internal  improvement'  be  elected  to  secure 
to  us  relief  from  ruin  and  devastation. 
This  great  end  I  think  cannot  be  so  speedily  i 
and  permanently  secured  by  the  amend- 1 
ment  as  by  the  creation  of  a  board  of  com- 
missioners representing  all  parts  of  the 
State.  S.  Beldejt,  of  Orleans. 

Mr.  Wilson  moved  to  adopt  as  article 
134,  the  following. 

TITLE  Vm — EDUCATION. 

The  Legislature  shall  establish  free  pub- 
lic schools  throughout  the  State,  and  shall 
provide  for  their  support  by  taxation  or 
other^vise.  All  children  of  this  State  be- 
twen  the  ages  of  six  (6)  and  eighteen  (18) 
shall  be  admitted  to  the  public  schools  in 
common,  without  distinction  of  race,  color, 
or  previous  condition.  There  shall  be  no 
separate  schools  established  for  any  exclu- 
sive race  by  the  State  of  Louisiana. 

Laid  on  the  table. 

By  Mr.  Ingraham : 

Article  145,  minority  report,  as  follows: 
Art.  134.  The  Legislature  shall  establish 
at  least  one  free  pubHc  school  in  every 
parish  throughout  the  State,  and  shall  pro- 
vide for  their  support  by  taxation  or 
otherwise.  All  children  of  this  State  be- 
tween the  ages  of  six  (6)  and  twenty-one 
(21)  shall  be  admitted  to  the  public  schools 
or  other  institutions  of  learning  sustained 
or  established  by  the  State,  in  common, 


JOUEXAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


201 


itlioiit  distinction  of  race,  color,  or  pre- 
ous  condition.  There  shall  be  no  seiDa- 
.te  schools  or  institutions  of  learning 
itablished  for  any  exelusive  race  by  the 
tate  of  Louisiana. 

Mr.  Blandin  moved  to  amend  by  striking 

it  ''21"  and  inserting  "18." 

Mr.  Gair  moved  to  lay  the  amendment 

I  the  table. 

Adopted. 

Mr.  Hempstead   moved    to  amend  by 

riking  out  "6"  and  inserting  ''4." 

Mr.  Jones  moved  to  lay  the  amendment 

1  the  table. 

AdoiDted. 

The  ai'ticle  Tvas  adopted — ayes  61,  nays 
1 — as  follows: 

Aves:  Taliaferro,  Antoine,  Belden,  Ber- 
au,  Blandin,  Bonnefoi,  Burrel.  But- 
.   .rane,  Cromwell,  Bemarest.  Bepassr-ra, 
onato,    Douglas,  Buparte.  Dupart.  E>u- 


mard,  Brancois.  Gair.  G 


-^Lii,  Liner. 


.essis, 

nichard.  Harris.  Ii 

IsabeUe  Thos.'.  Jones,  Kelso,  Landers, 
ange,   Leroy,     Biehard  L-wit^^  Var:^ 
artin.    Massicot,    Meadows.  M.:-L>--rri: 
orris,  Moses,  MurreL  Mu-liaw:i- 
ewsham.  Oliver.  Backard.  Pier 
■ick,  Boindexter,  Pollard.  Seag 
iggs,  Bodriguez,  b.;h'v::b  S: 
Mbaut,    Tinchant.     Viinder-riL:.  -,Gu,i. 
Ickhfie,  TTiUiams.  VTilson— rd  ayes. 
Nays  :  Baker.  Blacklnirn,  Cooley.  Bear- 
.g,  Ferguson.   Gould.  Harx^er.  Harrison, 
empstead,  McMillen,  Snider,  Twitchell — 
J  nays. 

Mr.  Snider  recorded  the  f  ollovydng  reasons 
>r  his  vote. 

I  do  most  heartily  protest  against  the 
)4:th  article  of  the  Constitution,  and  think 

will  be  the  great  means  of  defeating  the 
onstitution  on  the  day  of  ratification. 
[Signed]  G.  S^'rDER. 

Mr.  Bearing  recorded  the  rea-sons  for  his 
3te  on  article  li5,  minority  report. 

While  1  am  committed  t-o  a  free  pubKc 
liool  system  supported  by  taxation,  and 
hile  I  am  wiUing  to  give  my  vote  to  tax 
re  property  of  every  citizen  in  the  State  to 
ipporfc  free  public  schools,  and  l:)elie\'ing 
lat  the  parents  of  a  large  number  don't 
ish  this,  I  am  unwilliDg  to  inaugurat-e  a 
'■stem  of  schools  in  the  present  immoral 
'ate  of  society  which  I  am  forced  to  beheve 
iU  have  such  a  demoralizing  influence.  I 
n,  therefore,  compelled  to  vote  against 
lis  article.  Geo.  W.  IjEAT.n:cr.  Jr. 

Mr.  McMillen  recorded  the  reasons  for 
is  vote,  as  follows  : 


I  I  vote  against  this  article  for  the  rea- 
son that  it  vdll  defeat  the  organization  of 
a  complete  and  thorough  common  school 
system  in  this  State.        W.  L.  McMlllex. 

:     Mr.  Hempstead  recorded  the  reasons  for 

.  his  vote: 

'  I  vote  710  because  I  want  to  give  chil- 
di*en  at  the  age  of  four  years  an  opportuni- 

;  ty  to  attend  the  loublic  schools,  and  not  be- 
j  cause  I  am  opposed  to  the  system  proposed. 
I         O.  H.  Helipste-ajd,  Jr.  ,  Assumption. 
!     Mr.  Blackburn  recorded  the  reasons  for 
his  vote: 

!  I  vote  710  because  such  article,  if  at- 
I  temi^ted  to  be  carried  out  practically,  will 
:  break  up  our  fre?  public  school  system,  or  at 

■  least  ^-irtually  exclude  the  colored  cliildren 

■  from  all  participation  therein.  I  am  a 
;  friend  of  all  men,  and  more   especially  of 

all  C'hiLdren,  regardless  of  race  or  color; 
i  -  r:  I  lesire  and  aim  to  be  so  upon  a  safe 
.iii-j  ]_'racticaUe  basis. 

I  TT.  Jasper  Bla-Ceibur^t. 

^     !  -ueh  a    system  of 

-  ;^ :     Tipense  of 
.  hereaf- 

L .  ii.^  l  y  [liose  who 

■  or  it  now,  and  will  share  the  fate  of  all 
per  guarantees  not  founded  on  common 
lise  and  practical  utihtv. 

L.  W.  Baker. 

:    Mr.  E-rper's  vote: 

I  vote  no,  bei-';  ^  -  ^iiat  a  system 

of  schools  migL  ^'le  l  whc-reby 

;  Aiiii  the  childi-en       :lie  oiute  may  be  edu- 

I  cated.  and  being  connd.ent  that  this  article 
of  the  Constitution  ^-ill  do  much  to  defeat 
such  a  desirable  result.  B.  H.^lRPER. 

'    Mr.  Martin's  vote: 

'  Considering  that  this  system  of  public 
schools  to  all  children,  without  regard  to 
color,  race  or  previous  condition,  will  elevate 

■■  and  enrich  the  community,  Avhich  ignorance 

;  dishonored  and  burthened,  I  feel  it  my 
duty  to  vote  in  the  affirmative  for  the  adop- 

,  tion  of  the  article, 

\  Thos.  N.  Maiitin. 

I    By  Mr.  Thibaut: 

1    Article  116,  majority  report,  as  follows: 
;    Art.  llo.  No  municipal  corporation  shall 
make  any  rules  or  regulation  contrary  to 
the  .spirit  and  intention  of  this  article. 

I    Mr.  Ingraham  moved  t-o  amend  by  strik- 
ing out  '"this"  in  the  third  line,  and  in- 
,  serting  "131"  in  the  fourth  line. 
I  AdoiDted. 

!    The  article,  as  amended,  and  reading  as 


202 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Aet.  135.  No  municipal  corporation  shall 
make  any  rules  or  regulation  contrary  to 
the  spirit  and  intention  of  article  134. 

Was  adopted. 

By  Mr.  Blandin  : 

Article  147,  majority  report,  as  follows  : 

Art.  147.  There  shall  be  elected  by  the 
people  of  this  State  a  Superintendent  of 
Public  Education,  who  shall  hold  his  office 
for  two  (2)  years.  His  duties  shall  be  pre- 
scribed, and  his  salary  shaU  be  $3000  per 
year;  i3ayable  quarterly  uiDon  his  own  war- 
rant. 

Mr.  Wickliffe  moved  to  amend  by  substi- 
tuting "four"  in  place  of  "two." 
Adopted. 

Mr.  Wickliffe  moved  to  amend  by  strik- 
ing out  all  after  "years,"  and  inserting  "his 
duties  and  salary  shall  be  prescribed  by 
law." 

Adopted. 

Mr.  Hari^er  moved  to  amend  by  adding: 
He  shall  adopt  a  system  of  inspection  ad- 
ministered by  a  competent  board,  with  the 
widest  and  fullest  publicity  of  results. 
Laid  on  the  table. 

Mr.  Wickliffe  moved  to  amend  by  strik- 
ing out  the  words  "by  the  i3  3oiDle,"  and  in- 
serting "by  the  qualified  voters." 

Adopted. 

The  article,  as  amended,  reading  as  fol- 
lows: 

Abt.  136.  There  shall  be  elected  by  the 
qualified  voters  of  this  State  a  Superintend- 
ent of  Public  Education,  who  shall  hold 
his  office  four  (4)  years.  His  duties  and 
salary  shall  be  prescribed  by  law  and  he  shall 
have  the  supervision  and  general  control  of 
all  public  schools  throughout  the  State. 

Was  adopted. 

By  Mr.  Blandin: 

Article  149,  minority  report,  as  follows : 

Abt.  137.  The  general  exercises  in  the 
public  schools  shall  be  conducted  in  the 
English  language. 

Adopted. 

By  Mr.  Tinchant: 

Article  150,  minority  report,  as  follows : 
Abt.  138.  The  proceeds  of  the  lands 
heretofore,  and  that  which  may  hereafter 
be  granted  by  the  United  States  to  this 
State  for  the  use  or  purpose  of  the  public 
schools  of  the  State,  and  the  x^roceeds  of 
the  estates  of  deceased  persons  to  which 
the  State  may  become  entitled  b}^  law, 
shall  be  and  remain  a  perpetual  fund  on 
which  the  State  shall  jDay  an  annual  in- 


terest of  six  (6)  per  cent. ,  which  interei- 
together  with  the  interest  of  the  trust  fui 
deiDOsited  with  the  estate  by  the  Uniti 
States  under  the  act  of  Congress,  approv 
June  23,  1836,  and  all  the  rents  of  the  u 
sold  lands,  shall  be  appropriated  to  the  su 
port  of  such  schools.  And  this  appropri 
tion  shall  remain  inviolable. 

Adopted. 

By  Mr.  Meadows: 

Article  151,  minority  report,  as  follows; 

Aet,  139.  All  moneys  accruing  from 
sales  which  have  been  or  may  be  heretof  c 
made  of  any  lands  heretofore  granted 
the  United  States  to  this  State  for  the  % 
of  any  institution  of  learning  whatever 
from  any  kind  of  donation  for  the  purpc 
of  establishing  school  or  schools,  or  i 
institution  of  learning  whatever)  shall 
and  remain  a  perpetual  fund,  the  interest 
which,  at  six  (6)  per  cent,  per  annum,  shaU 
appropriated  to  the  exclusive  benefit  of  t 
said  school  or   schools  or  institution 
learning  ;  and  no  law  shall  be  made  dive 
ing  said  funds  to  any  other  use  than  to  i 
establishment  and  benefit  of  said  insti 
tion  of  learning.     The  Legislature  sli 
have  power  to  raise  funds  for  the  orga 
zation  and  support  of  said  institution, 
such  manner  as  it  may  deem  best. 

Adopted. 

By  Mr.  Gair : 

Article  152,  minority  report,  as  follows 

Aet.  152.     No  appropriation  shall 
made  by  the  Legislature  for  the  suj^p 
of  any  ]Drivate  school  or  any  private  im 
tution  of  learning  whatever. 

Mr.  Wickliffe  moved  to  amend  by  add; 
"where  any  distinction  is  made  by  its  ru 
and  regulations  on  account  of  race  or  co 
or  previous  condition." 

Mr.  Tinchant  moved  to  lay  the  amei 
ment  on  the  table. 

Lost. 

The  amendment  of  Mr.  Wickliffe  ^ 
adopted. 

The  article,  as  amended,  and  reading 
follows : 

Aet.  140.  No  appropriation  shall 
made  by  the  Legislature  for  the  supp 
of  any  private  school  or  any  private  in 
tution  of  learning,  whatever,  where  i 
distinction  is  made  by  its  rules  and  regi 
tions  on  account  of  race,  color  or  previ] 
condition. 

Was  adopted. 

By  Mr.  Blandin  : 

Article  153,  minority  rejDort,  as  foil 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


203 


AnT.  141.  A  university  shall  be  es tab- 
bed and  maintained  in  the  city  of  Nev/ 
.•leans.  It  shall  be  composed  of  six  facul- 
!S,  to-wit:  one  of  law,  one  of  medicine, 
.8  of  natural  science,  one  of  letters,  and 
e  of  industrial  science,  and  one  on  the 
eory  and  practice  of  teaching.  The 
jgislature  shall  provide  by  law  for  its 
ganization  and  maintenance;  Provided, 
lat  all  departments  of  this  institution  of 
irning  shall  be  open  in  common  to  all 
idents  capable  of  matriculating.  No 
les  or  regulations  shall  be  made  by  the 
istees,  faculties  or  other  officers  of  said 
stitution  of  learning,  nor  shall  any  laws 
!  made  by  the  Legislature  violating  the 
:ter  or  spirit  of  this  article,  under  pen- 
:y  of  the  annuUing  of  the  charter  of  said 
stitution. 

Mr.  Reagan  moved  to  amend  by  inserting 
lieu  of  the  words  "six  faculties,"  "such 
culties  as  may  be  prescribed  by  law." 
Mr.  Blandin  moved  to  lay  the  amendment 
1  the  table. 
Adoj)ted. 

Mr.  McMillen  moved  to  amend  by  strik- 
ig  out  "shall"  in  the  first  line,  and  in- 
rting  "may." 
Laid  on  the  table. 

Mr.  McMillen  moved  to  amend  by  strik- 
g  out  aU  after  the  words  "  New  Orleans," 
id  inserting  "it  shall  be  composed  of 
ich  faculties  as  may  be  established  by 
,w." 

Laid  on  the  table. 

Mr.  McMiUen  moved  to  iDOstpone  in- 
fefinitely  the  article  under  consideration. 
I  Lost — ayes  14,  nays  48 — as  follows: 

Yeas  :  Bonnefoi,  Cooley,  Douglas,  Du- 
lessis,  Gair,  Harper,  Kelso,  Leroy,  Richard 
lewis,  Massicot,  McMillen,  Reagan,  Riggs, 
witchell — 14  ayes. 

Nays  :  Antoine,  Baker,  Belden.  Berton- 
eau,  Blackburn,  Blandin,  Burrel,  Butler, 
■romweU,  Depasseau,  Donate,  DuparteO., 
)upart  U.,  Esnard  Francois,  G-ardiner, 
rould,  Guichard,  Harris,  Ingraham,  Isa- 
elle  R.  H.,  Isabelle  Thos.,  Jones,  Landers, 
iange,  Marie,  Martin,  Meadows,  McLeran, 
jlorris,  Moses,  Murrell,  Myers,  Ohver, 
*ackard.  Pierce,  Pinchback,  Poindexter, 
'ollard,  Riard,  Rodriguez,  Scott,  Thibaut, 
inchant,  Yidal,  WickUffe,  WiUiams,  Wil- 
3u — 48  nays. 

Mr,  Cromwell  moved  to  amend  by  in- 
?rting  "Napoleonville"  in  lieu  of  "New 
)rleans."  *■ 

Laid  on  the  table. 


Mr.  Wickliffe  moved  to  amend  by  add- 
ing after  the  word  "matriculating,"  13th 
line,  the  words  "without  distinction  of 
race,  color  or  previous  condition." 

Laid  on  the  table. 

The  question  recurring  uiDon  the  ado^D- 
tion  of  the  article,  it  was  adopted  as 
rej^orted. 

By  Mr.  Blandin: 

Article  155,  minority  report,  as  follows: 

Art.  142.  Institutions  for  the  support 
and  education  of  the  insane,  the  blind  and 
the  deaf  and  dumb  shall  always  be  fostered 
and  supported  by  the  State,  and  be  subject 
to  such  regulations  as  may  be  presented  by 
the  General  Assembly,  not  in  conflict  with 
any  provisions  of  this  Constitution. 

Adoi^ted. 

By  Mr.  Blandin: 

Article  141,  majority  report,  as  follows: 

MILITIA. 

It  shall  be  the  duty  of  the  General 
Assembly  to  organize  the  militia  of  the 
State,  and  all  able  bodied  male  citizens, 
between  the  ages  of  eighteen  and  forty 
years,  who  are  not  disfranchised  by  the 
Constitution  and  laws  of  the  United  States 
and  of  this  State,  shall  be  liable  to  mihtia 
duty. 

rending  its  consideration,  the  Conven- 
tion adjourned  till  to-morrow  at  10  a.  m. 
A  true  copy: 

WM.  VIGERS,  Secretary. 

FIFTY-SEVENTH  DAY. 

New  Oeleaks,  Wednesday,  Feb.  5,  1868. 

The  Convention  met  pm*suant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  10  o'clock  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

J.  G.  Tahaferro,  President;  Messrs.  Ba- 
ker, Belden,  Bertonheau,  Blackburn,  Bon- 
nefoi, Brown,  Burrel,  Crane,  Cromwell, 
Dearing,  Depasseau,  G.  Duparte,  U.  Du- 
part,  Duplessis,  lisnard,  Francois,  Ful- 
ler, Ferguson,  Gair,  Guichard,  Hai-per, 
Harris,  Harrison,  Ingraham,  R.  H.  Isabelle, 
Thos.  Isabelle,  Kelso,  Lange,  Leroy, 
Marie,  Martin,  Massicot,  Meadows,  Morris, 
Moses,  Murrel,  Myers,  Oliver,  Packard, 
Pierce,  Poindexter,  Pollard,  Reagan,  Reese, 
Riard,  RodrigTiez.  Schwab,  Scott,  Snider, 
Twitchell,  Underwood,  Yandergriif,  Wick- 
liffe, Williams,  Wilson — 56  members  i3res- 
ent. 

Prayer  by  the  Rev.  Josiah  Fisk. 


204 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  minutes  were  read  and  adopted. 

Mr.  Reagan  called  up  his  resolution, 
laying  over  from  February  3,  as  follows  : 

Whereas,  Many  of  the  members  of  this 
Convention,  by  circumstances  of  necessity, 
have  been  compelled  to  make  unreasonable 
and  exhorbitant  discounts  upon  their  war- 
rants, which  unjustly  reduces  their  per 
diem  below  its  legal  allowance;  and 

Whereas,  It  is  deemed  impossibe  for 
this  Convention  to  enable  its  members  to 
avoid  sueh  sacrifices;  therefore,  be  it 

Resolved,  That  any  member  of  this  Con- 
vention, the  Secretary  and  Chief  Enrolling 
Clerk,  on  presentation  of  evidence  deemed 
competent  by  the  Convention,  that  they 
made  such  discounts  as  above,  shall  receive 
from  the  Warrant  Clerk  a  warrant  equiva- 
lent to  such  discounts;  Provided,  Such  ex- 
tra allowance  shall  not  exceed  two  hundred 
dollars  to  each  member  or  employee;  Pro- 
vided furtlier,  That  no  allowance  shall  be 
made  on  the  discount  of  warrants  after  the 
first  day  of  Fubruary,  1868. 

Which  was  indefinitely  postponed. 

Mr.  Smith  offered  the  following : 

Resolved^  That  a  committee  of  three  be 
appointed  to  examine  the  city  charter  and 
report  the  changes  necessary  to  secure  the 
equal  rights  and  privileges  of  all  citizens, 
without  regard  to  race,  color  or  previous 
condition. 

Adopted. 

The  Chair  appointed  as  the  committee 
Messrs.  Smith,  R.  H.  Isabelle  and  Belden. 

Mr.  Moses  moved  that  the  President  be 
permitted  to  record  his  vote  upon  article  145, 
minority  rej)ort,  which  was  consented  to. 

The  President  voted  aye. 

UNFINISHED  BUSINESS. 

Mr.  Bertonneau  moved  to  reconsider  the 
vote  on  article  155,  minority  report. 
Adopted. 

Mr.  Bertonneau  moved  to  adopt  in  its 
place  article  140,  majority  report,  as  fol- 
lows: 

Art.  142.  Institutions  for  the  support  of 
the  insane,  the  education  and  support  of 
the  blind  and  the  deaf  and  dumb,  shall 
always  be  fostered  by  the  State,  and  be 
subject  to  such  regulations  as  may  be  pre- 
scribed by  the  General  Assembly, 

Adopted. 

Mr.  Wickliffe  moved  to  reconsider  the 
vote  on  article  153,  minority  r export. 
Adopted. 

Mr.  Wickliffe  moved  to  amend  by  strik- 


ing out  the  words  "this article,"  and  ins 
ing  the  words  "  the  articles  under 
title." 
Adopted. 

Mr.  Hempstead  moved  to  amend' 
striking  out  "New  Orleans,"  and  insert 
"Baton  Eouge." 

Laid  on  the  table. 

The  article,  as  amended,  and  reading 
follows : 

Art.  153.  A  university  shall  be  establi^ 
and  maintained  in  the  city  of  New  Orlean 
It  shall  be  composed  of  six  faculties,  to 
One  of  law,  one  of  medicine,  one  of  natni 
science,  one  of  letters,  and  one  of  industri 
science,  and  one  on  ,  the  theory  and  practi 
of  teaching.  The  Legislature  shall  provii 
by  law  for  its  organization  and  maint 
nance;  Provided,  That  all  departments 
this  institution  of  learning  shall  be  op< 
in  common  to  all  students  capable  of  m 
triculating.  No  rules  or  regulations  sluj 
be  made  by  the  trustees,  faculties  or  oth 
ofiicers  of  ^aid  institution  of  learning,  nij 
shall  any  laws  be  made  by  the  Legisiatuj 
violating  the  letter  or  spirit  of  the  articlj 
under  this  title,  under  penalty  of  the  a  I 
nulling  of  the  charter  of  said  institution. 

Was  adopted. 

Mr.  Thos.  Isabelle: 

Article  141,  majority  report,  as  foUoT^I 

TITLE  IX — MILITIA.  | 

Art.  144.  It  shall  be  the  duty  of  tl 
General  Assembly  to  organize  the  milit 
of  the  State,  and  all  able  bodied  male  cii 
zens  between  the  ages  of  18  and  40  year 
who  are  not  disfranchised  by  the  Constitj 
tion  and  laws  of  the  United  States  and  j 
this  State,  shall  be  liable  to  mihtia  duty. 

Mr.  Newsham  moved  to  amend  by  strij 
ing  out  aU  after  the  word  "title"  of  Tit  I 
IX,  and  inserting  : 

Akt.  —  It  shall  be  the  duty  of  the  Geji 
eral  Assembly,  to  organize  the  militia  ' 
the  State,  and  all  able  bodied  male  citizeij 
between  the  ages  of  18  and  45  years,  n-; 
disqualified  by  the  laws  of  the  Unit( 
States  and  of  this  State,  shall  be  subject  i 
militia  duty. 

Art.  — !  The  General  Assembly  sh£ 
X^rovide  for  the  organization  of  a  voluntei 
militia,  which  shall  be  armed  and  equip( 
at  the  expense  of  the  State. 

Art.  — .  The  Governor  shall  be  Cor 
mander-in-Chief  of  the  mihtia,  and  slia 
appoint  and  commission  all  officers.  A] 
pointments  above  the  grade  of  Colon 
shall  be  subject  to  confirmation  or  reje 
I  tion  by  the  Senate  ;  every  militia  oific( 


JOURNAL  OF  THE  COXSTITUTIOXAL  COXYENTION. 


205 


'ore  entering  upon  his  duties  sliall  take 
1  subscribe  the  oath  prescribed  for  offi- 
s  of  the  United  States  armv  and  the  oath 
scribed  by  this  Constitution. 
LRT.  — .  The  Governor  shall  have  povrer 
3all  the  militia  into  active  service  for  the 
servation  of  law  and  order,  or  Avlien  the 
3lic  safety  may  require  it.  The  militia, 
en  in  active  service,  shall  receive  tiie 
le  T)ay  and  allowance  as  the  United 
;tes  army. 

•Ir.  Tinchant  moved  to  amend  by  strik- 
•  out  all  after  the  word  "title."  and  in- 
ting: 

?he  General  Assembly  shall  organize  the 
■te  militia  and  all  able  bodied  male  cit- 
as  between  the  ages  of  twenty  and  forty- 
years  who  are  not  disfranchised 
the  Con.stitution  and  laws  of  this  State, 
by  the  Constitution  and  laws  of  the 
ited  States,  shall  be  liable  to  mihtia 
;y.  It  shall  also  be  the  duty  of  the  Gen- 
l  Assembly  to  iDrevent,  by  proper  legisla- 
1,  that  any  distinctions  should  be  made 
any  division,  brigade,  regiment,  com- 
ly  or  batt-ery  of  said  State  militia  be- 
>en  citizens  on  account  of  race,  color  or 
vious  condition. 

Jntil  after  the  1st  day  of  January,  1878, 
privilege  of  organizing  into  volunteer 
ps  of  militia  in  this  State  shah  be 
nted  only  to  such  persons  quahfied  as 
'einbefore  stated,  who  may  during  the 
}  war  or  rebellion  have  given  unques- 
lable  evidence  of  their  loyalty  to  the 
ited  States,  and  the  General  Assembly 
y  pass  such  laws  and  make  such  appro- 
itions  by  which  they  may  be  enabled  to 
ot  one  efScient  organization. 
!?he  mihtia  officers  shall  take  the  same 
h.  as  the  officers  of  the   United  States 

ly- 

jaid  on  the  table. 

?lie  question  upon  Z\Ir.  Xewsham's  sub- 
ute  was  taken  article  by  article. 
Lcticle  1st,  reading  as  follows : 
Lrt.  — .  It  shall  be  the  duty  of  the  Gen- 
1  Assembly  to  organize  the  mihtia  of  the 
ite,  and  all  able  bodied  male  citizens  be- 
^n  the  ages  of  18  and  45  years,  not  dis- 
ilified  by  the  laws  of  the 'United  States 
I  of  this  State,  shall  be  stibject  to  militia 

:y- 

Vas  adopted. 

Ir.  Pinchback  moved  to  amend  the  2d 
cle  by  striking  out  all  after  the  word 
tide"  and  inserting: 

lBT.  144.  The  Governor  shall  appoint  all 
imissioned  officers,  subject  to  confirma- 
or  rejection  by  the  Senate,  except  the 
T  officers,  who  shall  be  appointed  by 


j  their  respective  chiefs,  and  commissioned 
i  by  thf  Cn  ivernor.  Ail  mihtia  officers  .-hall 
i  take  and  subscribe  to  the  oath  prescribed 
I  for  officers  of  the  United  States  army,  and 
•  the  oath  prescribed  for  officers  in  this 
State. 

!}.Ir.  Gair  moved  the  previous  question. 
3Ir.  Crane  mo\ed  to  lay  the  motion  of 
Mr.  Pinchback  on  the  table. 
I    The  Chair  ruled  the  motion  to  table  not 
in  order. 

Mr.  Crane  appealed. 
The  Chair  was  sustained. 
The  question  recurring  upon  the  amend- 
ment of  Mr.  Pinchback,  it  was  adopted. 
I    The  question  recurring  upon  the  3d  arti- 
'  tide  of  Mr.  Xewsham's  amendment,  it  was 
rejected. 

}  The  question  rectirring  upon  the  4th  ai*ti- 
I  cle  of  the  amendment,  it  was  adopted. 
I  The  question  recurring  upon  the  substitute 
;  of  Mr.  Newsham,  as  a  whole,  as  amended, 
I  it  was  adopted  as  Title  IX,  reading  as  fol- 
i  lows  : 

TTTLiE  IX — inXITIA. 

Akt.  143.  It  shall  be  the  duty  of  the 
General  Assembly  to  organize  the  militia  of 

■  the  State,  and  all  able  bodied  men,  citizens, 
between  the  ages  of  18  and  45  years^.  not 

'  disfanchised  by  the  laws  of  the  United 
States  and  of  this  State,  shall  be  subject  to 

,  mihtary  duty. 

1    Art.  144.  The  Governor  shall  appoint 

all  coinmissioned  officers,  subject  to  con- 
;  hrmariun  or  rejection  by  the  Senate,  ex- 
,  ctpt  the  staff  officers,  who  shall  be  appointed 

by  their  respective  chiefs,  and  commissioned 
.  by  the  Governor.  All  militia  officers  shall 
I  take  and  subscribe  to  the  oath  prescribed 
,  for  officers  of  the  United  States  army  and 
i  the  oath  xDrescribed  for  officers  in  this 
■State. 

1  Art.  145.  The  Governor  shall  have  power 
I  to  caU  the  mihtia  into  active  service  for  the 
i  preservation  of  law  and  order,  or  when  the 
i  pub  he  safety  may  require  it.  The  mihtia, 
!  when  in  active  service,  shall  receive  the 
'  same  pay  and  allowances  a«  the  United 
States  army. 

Mr.  Tinchant,  with  the  consent  of  the 
Convention,  recorded  his  vote — -no. 

Mr.  Crawford  recorded  his  vote  uj)on 
article  145,  of  the  minority  report — iio. 

Mr.  Steele  recorded  his  vote  on  the  same 
article — no. 

Mr.  Blandin  moved  to  adopt  Title  X  and 
article  1433  majority  report,  as  follows  : 


206 


JOURNAL  OF  THE  CONSTITUTIONAJj  CONVENTION. 


TITLE   X  —  MODE  OF   REVISING  THE  CONSTI- 
TUTION. 

Art.  146.  Any  amendment,  or  amend- 
ments, to  this  Constitution,  may  be  pro- 
posed in  tlie  Senate  or  House  oi  E-ex^resent- 
atives,  and  if  the  same  shall  be  agreed  to 
by  t\vo-thirds  of  the  members  elected  to 
each  House,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  jour- 
nals with  the  ajes  and  nays  taken  thereon, 
and  the  Secretary  of  State  shall  cause  the 
same  to  be  iDublished  three  months  before 
the  next  general  election  for  representatives 
to  the  General  Assembly,  in  at  least  one 
nev/spaper  in  every  parish  in  the  State  in 
which  a  newspaper  shall  be  published;  and 
such  proposed  amendment  or  amendments 
shall  be  submitted  to  the  people  at  said 
election;  and  if  a  majority  of  the  voters  at 
said  election  shall  approve  and  ratify  such 
amendment  or  amendments,  the  same  shaU. 
become  a  part  of  this  Constitution.  If 
more  than  one  amendment  shall  be  sub- 
mitted at  one  time,  they  shall  be  submitted 
in  such  manner  and  form  that  the  people 
may  vote  for  or  against  each  amendment 
separately. 

Mr.  Crane  moved  to  amend  by  striking 
out  * 'two-thirds"  and  inserting  "majority," 

Laid  on  the  table. 

The  title  and  article  as  reported  were 
adopted. 

Mr.  R.  H.  IsabeUe  moved  to  adopt  Title 
XI,  majority  rei^ort. 
Adopted. 

Mr.  Pinchback  moved  to  adopt  article 
144,  majority  report. 

Pending  which  the  Convention  adjourned 
till  to-morrow  at  10  o'clock  a.  m. 

A  true  copy : 

WM.  VIGERS,  Secretary, 

FIFTY-EIGHTH  DAY. 

New  Orleans,  Thursday,  Feb.  6, 1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by^Mr.  Crane 
at  10  A.  Ji. 

The  roU  was  called  and  the  following 
members  answered  to  their  names: 

Messrs.  Bertonneau,  Blandin,  Bonnefoi, 
Burrel,  Cooley,  Crane,  Crawford,  Crom- 
well, Cuney,  Dearing,  Demarest,  Depas- 
seau,  Donate,  Douglas,  Dupart  U.,  Du- 
plessis,  Esnard,  Francois,  Fuller,  Fergu- 
son, Gair,  Gould,  Guichard,  Harper,  Har- 
ris, Harrison,  Ingraham,  Isabelle  R.  H., 
Isabelle  Thos.,  Jones,  Kelso,  Landers, 
Lange,    Leroy,    Marie,    Meadows,  Mc- 


Leran,  Morris,  Moses,  Murrel,  Myei 
Newsliam,  Oliver,  Pierce,  Poindexter,  P( 
lard,  Keagan,  Riard,  Riggs,  Rodrigue 
Smith,  Snaer,  Scott,  Snider,  Steele,  U: 
derwood,  Valfroit,  Vandergriff,  Waple 
Wicklilfe,  Williams,  Wilson — 62  membe 
present. 

The  minutes  were  read  and  adopted. 

The  following  communication  from  ti 

Official  Printer  was  received  and  refern 

to  the  Committee  on  Printing: 

Oefice  oe  New  Orleans  Tribune, 

122  and  124  Exchange  Alley, 

New  Orleans,  February  6,  1868. 

To  the  President  and  members  of  tlie  Constitntio; 
Convention  of  Louisiana : 

Gentlemen — Herewith  you  will  pier 
find  our  bill  with  addition  of  printing  « 
ecuted  to  date,  to  which  we  respectfii 
call  your  attention. 

Your  most  obedient  servants, 

J.  B.  RouDANEz  &  Co., 
Official  Printers. 
Mr.  Cooley  moved  that  a  sum  of  ^150 
appropriated  in  favor  of  the  Commec: 
Bulletin  for  jpapers  furnished  to  this  Cc 
vention. 
Lies  over. 

ORIGINAL  RESOLUTIONS. 

By  Mr.  Tinchant : 

Resolved,  That  a  committee  of  three 
appointed  to  confer  with  the  editors  of  i 
newspapers  who  furnished  copies  to  t| 
Convention,  and  ascertain  the  amount  ^ 
to  them  by  this  body. 

Laid  on  the  table. 

Mr.  R.  I.  CromweU  called  up  his  reso 
tion  lying  over  from  February  3,  1868 : 

Art.  — .  All  persons  who  do  now,  a 
have  heretofore  lived  and  cohabited 
gether  as  husband  and  wife,  shall  be  tai 
and  held  in  law  as  legally  married,  andth 
issue  shall  be  taken  and  held  as  legitim 
for  all  purposes  in  law. 

Resolved,  That  it  shall  be  an  article  of  'i 
Constitution  of  Louisiana. 

Mr.  Thos.  Isabelle  moved  to  lay  on ' 
table. 

Adoi^ted — ayes  49,  nays  19 — as  follows 
Yeas:  Bertonneau,  Blandin,  BonneJ 
Burrel,  Cooley,  Crane,  Crawford,  Dep 
seau,  DeslondeP.  G.,  Donate,  Duparte ' 
Dupart  U.,  Duplessis,  Edward,  Esna 
Gair,  Gould,  Harris,  Harrison,  Hiesta: 
Ingraham,  Isabelle  R.  H. ,  Isabelle  Th; 
Jones,  Kelso,  Leroy,  Marie,  Massicot,  I 
Leran,  Mushaway,  Myers,  Newsham,  I 
lard,  Reese,  Riard,  Riggs,  Rodriguez,  Sji« 
Snider,  Steele,  Thibaut,  Twitchell,  Und 


•JOURNAL  OF  THE  COXSTITUTIOXAL  CON^'ENTION. 


207 


3d,  Yalfroit,  Tidal,  WajDles,  Wickliffe, 
iUiams,  Wilson — J:9  yeas, 
fays:  Autoine,  Bro^vn,  Cromwell,  Dona- 
Francois,  Cxuichard,  Harper,  Lange, 
adows,  Morris,  3Ioses,  Murrei,  Oliver, 
rce,  Poindexter,  Keagan,  Smith.,  Scott, 
ichant — 19  nays. 

Ir.  R.  H.  Isabelle  recorded  the  following 
sons  for  liis  vote : 

vote  yes  because  the  courts  are  now 
n  to  all  persons,  ^^ithoiit  distinction  of 
3,  color,  or  previous  condition,  to  marry 
l  legahse  their  childrt-n. 
£r.  Ingraham  moved  to  reconsider  the 
e  last  taken. 

Ir.  Bertonneaii  moved  to  lay  tlie  motion 
■econsider  on  the  table, 
tdopted — ayes  43,  nays  23 — as  follows: 
eas  :  Antoine,  Bertonneau.  Blandin. 
mefoi,  Cooley,  Crane.  Crawford,  De- 
seaii,  Donato,  ^x.  Duparte,  Dnples>i<, 
ward,  Esnard.  ±crLr;;S'  >n.  Gair,  Gotild, 
ais,  Harrison.  Hr->iand,  B.  H.  Isa- 
le,  Thos.  Isabelle,  Jones.  Kelso,  Lan- 
Leroy,  Marie,  Massicot,  Mush- 
ly,  Myers,  Newsham,  Packard,  Eeese, 
,rd,  Eiggs,  Eodi-ignez,  Snaer.  Snidei, 
ele,  Tliibaut,  Yidal,  Waples,  Wickliffe, 
Ison — 43  ayes. 

fays  :   Biirrel,    Cromwell.    P.  G,  Des- 
de,  Douglas,  Francois,  Haii^er,  Ingi-a- 
Q,   Lange,    Meadows,    Morris.  Moses, 
rrel,  Oliver,  Pierce,  Poindexter,  Pol- 
i,   Eeagan,    Smith,    Scott,  Tinchant, 
dei*wood,  Yalfroit.  Williams — 23  na^-s. 
fr.  Cromwell  called  up  his  second  reso- 
on  lying  over  from  Febrtiary  3,  1868  : 
lBT.  — ,    Concnl^inage  and  adultery  are 
Mbited  within  this  State. 
lesolred,   That  this  shall  be  an  article  of 

Constitution. 
£r.  Bertonneau  moved  to  lay  the  resolu- 
1  on  the  table. 

..dopted — ayes  41,  nays  17,  as  follows  : 
eas:  Antoine,  Bertonneau, Blandin.  Bon- 
oi,  Cooley,  Crane,  Dei^asstau.  G.  Bu- 
te, Ditplessis,  Edward,  Esnard,  Fergu- 
Gair,  Gould.  Harris.  Harrison,  In- 
ham,  E.  H.  Isabelle,  Thos.  Isabelle, 
&o.  Landers,  Leroy,  Moses,  Mushaway, 
ers,  Newsham,  Oliver,  Packard.  Eeagan, 
3se,  Eiggs,  Eodi'iguez,  Smith,  Snaer, 
der,  Thibaut.  Underwood,  Yalfroit,  Wa- 
,  Wickliffe,  Wilson— 41. 
fays:  Biu-rel,  Cromwell,  P.  G.  Deslonde, 
aglas,  Francois,  Harper,  Jones,  Lange, 
adows,  McMillen,  Murrel,  Pierce,  Poin- 
ter, PoUard,  Scott,  Tinchant,  Williams- 


Mr.  Packard  offered  the  following  resolu- 
tion : 

AN  OEDrN'AXCE. 

Whep.eas,  The  act  of  Congress  of  the 
23d  of  March,  1867,  sets  forth  as  one  of  the 
purposes  of  the  assembling  of  this  Con- 
vention to  "establish  a  ci^-il  government  " 
for  the  State. 

B'3  it  ordained  by  the  people  of  the  Slate  of 
Louif^lana  ia  Convention  assembled.  That  a 
Board  of  Eegistration  for  the  State  be  ajD- 
poinied  by  this  Convention  to  consist  of 
sevt'i'  term  of  of- 

ricc  .rnment  of 

the  L  ^^'^.liL^■JlJ.  ..i.-A  lI^':  ."i^i  'Me  inaugura- 
tion of  State  officers  as  provided  for  in  the 
Constitution. 

Be  it  further  ordained,  etc, ,  That  it  shall 
be  the  duty  of  said  board  to  elect  a  Chair- 
man from  among  its  members  and  a  Secre- 
tary, and  that  all  public  notices,  proclama- 
"doii-  and  orders  siiaU  be  signed  by  the 
Pre-ident.  and  r.^t --^^-T  bv  the  Secretarv, 

B,   i   f'^  r:'  That  '  the 


said  board  sh;u 


)wer  and  authority 


to  make  rules,  regailations  and  orders  con- 
cerning the  registration  of  voters,  the  du- 
ties of  registration,  the  holding  of  elections, 
the  duties  of  commissioners  of  the  respective 
polls,  the  making  of  returns  and  the  an- 
nouncement of  the  results  of  the  elections; 
Prodded,  That  sitch  rules,  regulations  and 
orders  shall  in  noA^dse  conflict  with  the  pro- 
visions of  the  acts  known  as  the  Eeconstruc- 
tion  Acts,  or  vith  the  schedule  or  or- 
dinance contained  in  the  Ccm^titution 
to  be  submitted  I'V  this  Convention, 
or  vith  the  lawful  authority  of  the  Dis- 
trict Commander,  exercised  in  pursuance 
and  furtherance  of  said  acts  and  provi.sions, 
but  shall  be  in  co-ox^eration  with  and 
furtherance  of  the  same.  Their  authority 
shah  extend  to  aU  matters  of  execution  or 
detail,  not  fully  provided  for  in  said  Ee- 
construction  Acts  and  Constitution,  and  in 
case  of  the  non-action  of  any  officer  of  the 
State,  or  the  District  C'M:ini:aider.  or  any 
omission  in  carrying  out  -aid  lav^-s,  regula- 
tions or  ordinance-  or  details,  "necessary  to 
carry  into  effect  the  purposes  "  of  said  acts 
according  to  their  letter  and  spii'it. 

Be  it  further  ordained,  etc.,  That  they 
shall  be  emx^owered  for  the  administration 
of  oaths  of  office,  and  the  issuing  of  com- 
missions to  act  in  cases  of  vacancy,  or  the 
non-action  or^  omission  to  iDerform  their 
duties  of  any  or  all  elective  officers. 

Be  it  further  ordaiyied,  etc..  That  it  shall 
be  the  duty  of  said  board  to  fix  the  salary 
and  regulate  the  duties  of  aU  officers  of 
election  ordered  to  be  held  by  the  Eecon- 
struction  Acts  and  the  Constitution,  and 
their  acts  in  i^m-suance  thereof  shall  be 


208 


JOUENAL  OF  THE  OONSTITUTIONAI.  CONYENTION. 


reamendatory  to  tlie  Legislatm-e,  Vnose 
duty  it  shall  be  to  axDpropriate  a  just  and 
equitable  sum  in  payment  of  all  salaries  and 
exx3enses  in  cancel. 

And  moved  to  suspend  tlie  rules  to  i^iace 
it  upon  its  final  passage. 

Lost. 

Mr.  Meadows  called  up  Ms  resolution 
lying  over  from  Januar^^  31  : 

Resolved,  That  the  Rev.  Jos,  Fisk  shall 
receive  a  sum  of  $300  for  his  services  from 
the  State  Treasurer;  the  same  to  be  paid 
after  this  Convention  shall  have  finished  its 
work. 

Mr.  Blandin  moved  to  lay  the  resolution 
on  the  table. 
Adopted. 

Mr.  Reagan  offered  the  following  resolu- 
tion as  an  article  of  the  Constitution : 

A  Parish  Attorney  shall  be  elected  by 
the  police  jury  of  each  x^arish,  (the  par- 
ishes of  Orleans  and  Jeff8rson  excepted) 
who  shall  receive  such  pay  as  may  be 
allowed  by  the  police  jury  of  their  re- 
spective parishes.  Their  duties  shall  be  to 
represent  their  respective  parishes  in  all 
civil  business  in  which  they  may  be  interest- 
ed, and  shall,  besides,  represent  all  persons 
in  criminal  matters  within  their  jurisdic- 
tion who  are  unable  to  em]Dloy  counsel  for 
their  defense;  Proviaed,  The  parishes  of 
Orleans  and  Jefferson  shall  make  such  pro- 
visions as  shall  secure  to  persons  the  service 
of  counsel  learned  in  the  law,  where  they 
are  charged  with  the  commission  of  any  of- 
fense, and  are  unable  to  emx)loy  counsel  for 
their  defense. 

Mr.  Harris  moved  to  lay  on  the  table. 

Adopted. 

UNFINISHED  BUSINESS. 

Article  144,  majority  report,  being  under 
consideration,  w^as  adopted  as  follows: 

Akt.  147.  The  Ordinance  of  Secession  of 
the  State  of  Louisiana,  passed  26th  Jan- 
uary, 1861,  is  hereby  declared  to  be  nuU 
and  void.  The  Constitution  adopted  in 
1864,  and  all  x^revious  Constitutions  in  the 
State  of  Louisiana,  are  declared  to  be  super- 
ceded by  this  Constitution. 

By  Mr.  Thos.  Isabelle : 

Article  145,  majority  report,  as  follows: 

Akt.  148.  All  rights,  actions,  prosecutions, 
claims,  contracts,  and  all  laws  in  force  at  the 
time  of  the  adoption  of  this  Constitution,  and 
not  inconsistent  therewith,  shall  continue 
as  if  it  had  not  been  adopted.  All  judg- 
ments and  judicial  sales,  marriages  and  ex- 
ecuted contracts  made  in  good  faith  and  in 
accordance  with  existing  laws  ia  this  State, 


rendered,  made,  or  entered  into  bet 
the  26th  January,  1861,  and  the  date  whe 
this   Constitution   shall  be  adox)ted,  ai 
hereby  declared  to  be  valid,  except 
follo-wing  laws  : 

"An  act  to  authorize  the  widening 
the  New  Canal  and  Basin,"  ax3X3roved  Ma; 
14,  1867. 

"An  act  to  amend  and  re-enact  the  1^ 
section  of  an  act  entitled  '  An  act  relai 
to  crimes  and  offenses,'  "  ax^proved  Dec 
her  20,  1865. 

' '  An  act  for  the  punishment  of  x^ers 
for  tampering  with,  persuading  or  entic 
away,  harboring,  feeding  or  secretiog 
borers,  servants  or  axDprentices, "  axoprovi^, 
December  21,  1865. 

"An  act  to  punish,  in  certain  cases,  ti 
employers  of  laborers  and  apprentices, 
ax3X3i'oved  December  21,  1865. 

"An  act  in  relation  to  exemption  frj> 
State,  parish  and  city  taxes  for  the  yea] 
1862,  1863,  1864  and  1865,  in  certain  cases, 
certified  16th  March,  1866. 

"An  act  granting  ferry  privileges  to  ( 
K,  Marshall,  his  heir  or  assigns,"  a] 
proved  March  10,  1866. 

"An  act  to  authorize  the  Board  of  Lev( 
Commissioners,  of  the  levee  district  in  tl 
X)arishes  of  Madison  and  Carroll,  to  issi 
bonds,"  etc.,  etc.,  apxDroved  March  2.' 
1867. 

Section  third  of  "An  act  to  organize  ti 
police  of  New  Orleans  and  to  create  a  Pohc 
Board  therein,"  ax:>proved  12th  Februar 
1866. 

Mr.  J  ones  moved  to  amend  by  strikir 
out  all  after  the  word  "adopted, 
sixth  line. 

Mr.  Undervrood  moved  to  lay  the  am- 
ment  on  the  table. 

Mr.  J  ones  withdrew  his  amendment 
moved  to  amend  by  striking  out  all 
the  word  "valid,"  in  the  13th  Kne. 

The  amendment  was  lost — ayes  4, 
56 — as  follows: 

Ayes :  Cooley,  U.  Dupart,  Harriso] 
Jones — ayes  4. 

Nays :  Antoine,  Belden,  Bertonneau,  Bla: 
din,  Bonnefoi,  Brown,  Burrel,  Butle 
Crane,  Crawford,  Cromwell,  Dearing,  D 
passeau,  Donato,  Douglas,  G.  Dux3art 
Edward,  Francois,  Fuller,  Ferguson,  Gai 
Gould,  Guichard,  Harris,  R.  H.  Isabell 
Thos.  Isabelle,  Kelso,  Landers,  Lang^ 
Marie,  Meadows,  McLeran,  Morris,  Mose 
Murrel,  Mushaway,  Myers,  Ohver,  Paci 
ard.  Pierce,  Pinchback,  Pollard,  Reagai 
Riggs,  Rodriguez,  Scott,  Steele,  Thibau 
Tinchant,  Twitchell,  XJndeiwoud,  Yid&' 


JOURNAL  OF  THE  COXSTITUTIOXAL  CONYEXTIOX. 


209 


efore  these 
3rce  of  this 


>Taples,  Wickliffe,  Williams,  Wilson — 
lays  56. 

And  the  article  was  adopted  as  reported. 
j\Ir.  Jones  explained  his  vote  as  follows: 
I  vote  yes  because  the  insertion  of  these 
iws  will  incumber  the  Constitution,  and 
ill  not  go  into  effect  by  their  being  jDlaced 
the  Constitution  any  sooner  than  it 
ould  if  left  to  the  Legislature,  as  Con- 
ess  vs-ill  have  to  adopt  the  Constitution 
av\-s  can  be  annulled  by  the 
Constitution,  and  that  the 
egislature  will  meet  and  will  be  able  to  ex- 
imge  those  laws  months  before  this  Con- 
itution  can  be  placed  in  force  by  the  rati- 
cation  of  Congress. 

Mr.  Brown  moved  to  reconsider  the  vote 
,st  taken. 

Laid  on  the  table. 
By  Mr.  Gair : 

Article  146,  majority  report,  as  follows: 
Ajrt.  149.  The  laws  relative  to  the  duties 
officers  shall  remain  in  force,  though 
intrary   to   this   Constitution,    and  the 
iveral    duties    be    xDerformed    by  the 
spective  officers  until  the  organization  of 
e  government  under  this  Constitution. 
Adopted. 
By  Mr.  Oliver : 

Article  147,  majority  report,  as  follows: 
Aet.  150.  The  Legislature  shall  pro-^ide 
r  the  removal  of  causes  now  pending  in 
e  courts  of  this  State  to  courts  created 
7  or  under  this  Constitution.  ^ 
^Adopted. 

"■Mr.  Wickliffe  moved  to  adopt  the  follow- 
Bg  as  an  article  of  the  Constitution: 
'•Art.  — .  The  General  Assembly  shall  pro- 
de  for  the  introduction  of  the  common  law 
heu  of  the  present  civil  law  system,  said 
stem  of  common  law  to  go  into  opera- 
m  and  efltect  on  the  first  dav  of  Januai-v, 
>71. 

Mr.  Wai^les  moved  to  lay  the  motion  of 
r.  Wicklitfe  on  the  table. 
Adopted — ayes  38,  nays  27 — as  follows: 
,Yeas:  Belden,  Bertonneau,  Blandin,  Bon- 
m,  Butler,    Cooley,  Crane,  Crawford, 
Bmarest,  Depasseau,  Donato,  G.  Duparte, 
rguson,  Gair,  Guichard,  R.  H.  Isabelle, 
OS.    Isabelle,    Jackson,    Kelso,  Marie, 
adows,     Moses,     Murrel,  Mushaway, 
ers,   Pincliback,    Poindexter,  Eeagan, 
Riard,    Riggs,  Rodriguez,  Snaer, 
ott,  Steele, Tmchant,  Tidal,  Waples~38. 
ays:  Antoine,  Brown,  Burrel,  Cromwell, 
G.  Deslonde,  Douglas,  U.  Dupart,  Es- 
rd,  Francois,  Gardiner,  Harper,  Harri- 
fci,   Jones,   Landers,    Lange,  McLeran, 
15 


Morris,  Oliver,  Packard,  Pierce,  Pollard, 
Twitehell,  Underwood,  Valfroit,  Wickliffe, 
Williams,  \V  iison — 27. 

Mi.  Brovvn  moved  to  adopt  the  following 
as  an  article  of  the  Constitution: 

AiiT.  ■ — •  Hereby  repeals  article  115,  ap- 
proved r^Iay  7,  1867,  authorizing  the  issue 
of  four  millions  of  bonds  for  levee  iDur- 
poses. 

Mr.  Brovm  vrithdrew  the  article  and  sub- 
mitted the  following  in  its  i^lace: 

Aet.  — .  The  Act  115  of  the  General  As- 
sembly of  1867,  issuing  four  millions  of  dol- 
lars of  levee  bonds,  is  hereby  rex^ealed. 

Mr.  Bui'rel  moved  to  lay  the  article  on 
the  table. 

Adopted — ayes  37,  nays  22 — as  follows: 
Yeas:  Antoine,  Blandin,  Bonnefoi,  Burrel, 
Cooley,  Crawford,  Cromwell,  DujDart  U., 
Gair,  Harper,  Harrison.  Hiesrand.  Isabelle 
Thos., Kelso, Lange,  Leroy,  Marie,  Massicot, 
Meadows,  McLeran,  Morris.  Murrel,  Myers, 
Oliver,  Pierce,  Pincliback.  Poindexter, 
Reagan,  Reese,  Riard,  Snaer,  Scott,  Steele, 
Tinchant,  Tvdtchell,  Underwood,  Waptles — 
ayes  37. 

Xays:  Belden,  Brown,  Crane,  Deslonde 
P.  G.,  Douglas,  Duparte  G..  Dui^lessis, 
I  Gould,  Harris,  IsabeUe  R.  H.,  Jackson, 
I  Moses,  Mushaway,  Packard,  Pollard,  Riggs, 
'  Roberts.  Rodriguez,  Tidal,  Wickliffe,  Wil- 
,  Hams,  Wilson — nays  22. 

Mr.  Tinchant  moved  to  reconsider  the 
\  vote  last  taken. 

I    Mr.  Blandin  moved  to  lay  the  motion  to 

j  reconsider  on  the  table. 

I    Pending  which  the  Convention  adjourned 

I  till  to-morrow  at  10  o'clock  a.  m. 

'    A  true  copy  : 

"  WM.  "\T:GERS,  Secretary, 

FIFTY-XIXTH  DAY. 
Xew  Oeleans,  Friday,  Feb.  7,  1868. 
The  Convention  met  pursuant  to  ad- 
jouimment,  and  was  called  to  order  by  the 
President  at  10  a.  m. 

The  roU  was  called  and  the  foUowing 
members  answered  to  their  names: 

J.  G.  Taliaferro,  President;  Messrs.  An-« 
toine.  Belden,  Blackbmm,  Blandin,  Bonne« 
foi,  Burrel,  Butler,  Cooley,  Crane,  Crom< 
'well,  Cuney,  DejDasseau,  Deslonde  P.  G., 
!  Dupart  U.,  Duplessis,    Francois,  FuUer, 
!  Ferguson,    Gair,    Gardiner,    Gould,  Gui- 
chard, Harris,  Harrison,  Ingraham,  Isabelle 
R.  H. ,  Isabelle  T. ,  Jones,  Kelso,  Landers, 
Lange,  Leroy,  Lewis  R.,  Marie,  Martin, 


210 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Meadows,  McLeran,  Murrel,  Mushaway, 
Myers,  Newsliam,  Oliver,  Packard,  Pierce, 
Pollard,  Reagan,  Reese,  Riard,  Riggs, 
Roberts,  Rodriguez,  Schwab,  Siiaer,  Scott, 
Snider,  Steele,  Underwood,  Yandergriff, 
Wickiiife,  Williams,  Wilson — 61  members 
present. 

Prayer  by  the  Rev.  J os.  Fisk. 

The  minutes  vv^ere  read  and  adopted. 

Mr.  Newsham  was  called  to  the  chair. 
OBIGINAIj  eesolutions. 

Mr.  Lewis  moved  that  assistant  clerks 
employed  by  the  Committee  on  Enrollment 
be  allowed  the  regular  per  diem  for  the 
whole  number  of  days  they  have  been  em- 
ployed by  said  committee. 

Laid  on  the  table. 

By  Mr.  Blackburn: 

Besolved,  That  warrants  to  the  amount  of 
$500  be  issued  to  the  proprietors  of  the 
New  Orleans  Teibuns  and  Republican,  re- 
spectively, for  their  papers  furnished  to  this 
Convention. 

Mr.  Blackburn  moved  to  suspend  the 
rules  to  place  the  resolution  upon  its  final 
passage. 

Laid  on  the  table. 

By  Mr.  Harris  : 

Resolved,  That  it  is  the  duty  of  the  War- 
rant Clerk  of  this  Convention  to  be  in  his 
office,  in  the  building  in  which  the  Conven- 
tion is  held,  every  day  of  the  week,  (Sun- 
days excepted)  from  ten  o'clock  in  the 
morning  until  four  o'clock  in  the  evening, 
and,  that  for  every  day's  absence  the  j^e?' 
diem  allowed  him  by  resolution  of  the  Con- 
vention shall  be  deducted  by  the  Presi- 
dent of  the  Convention. 

Lies  over. 

UNFINISHED  BUSINESS. 

Mr.  Blandin  withdrew  his  motion  to 
lay  on  the  table  Mr.  Tinchant's  motion  to 
reconsider. 

The  Chair  decided  that  Mr.  Tinchant's 
motion  to  reconsider  a  vote  to  lay  on  the 
table  was  not  in  order. 

Mr.  Cooley  moved  to  take  up  from  the 
table  the  article  of  Mr.  Brown,  reading  as 
follows  : 

The  Act  115  of  the  General  Assembly  of 
1867,  issuing  four  millions  of  dollars  of  levee 
bonds,  is  hereby  repealed. 

The  motion  prevailed. 

Mr.  Smith  was  called  to  the  chair. 

Mr.  Pierce  moved  to  lay  the  whole  subject 
on  the  table. 


The  Chair  held  that  such  a  motion  could 
not  be  entertained. 

Mr.  Pierce  appealed. 

The  Chair  v>^as  sustained. 

Mr.  Pinchback  moved  to  postpone  in- 
definitely the  article  offered  by  Mr. 
Brown  and,  upon  this,  moved  the  previous 
question,  wiiich  was  seconded  by  a  majority 
of  the  delegates  present. 

The  motion  to  postpone  prevailed — ayes 
50,  nays  15 — as  follows: 

Yeas:  Belden,  Bertonneau,  Blackburn, 
Blandin,  Bonnefoi,  Cooley,  Crawford, 
Cromwell,  Cuney,  Bearing,  Demarest, 
Douglas,  Dupart  U.,  Duplessis,  Esnard, 
Francois,  Fuller,  Ferguson,  Gair,  Gardi- 
ner, Guichard,  Harrison,  Hempstead,  Hies- 
tand,  Isabelle  R.  H, ,  Jackson,  Kelso,  Lan- 
ders, Leroy,  Lewis  R. ,  Massicot,  McLeran, 
McMiUan,  Morris,  Moses,  Murrel,  Myers, 
Oliver,  Pierce,  Pinchback,  PoUard,  Rea- 
gan, Reese,  Riard,  Schwab,  Snaer,  Scott, 
Snider,  Steele,  Waples — 50  yeas. 

Nays:  Brown,  Butler,  Crane,  Depasseau, 
DeslondeP.  G.,*  Duparte  G.,  Harris,  Jones, 
Meadows,  Riggs,  Rodriguez,  Smith,  Tin- 
chant,  Wickliffe,  Williams — 15  nays. 

Mr.  Belden  recorded  the  reasons  for  hia 
vote: 

I  am  not  in  favor  of  annulling  the  act 
entirely,  but  in  favor  of  reducing  the 
amount  of  bonds  from  four  millions  to  two 
millions,  for  the  following  reasons: 

1.  Because  there  is  not  more  than  two 
millions  of  dollars  due  on  levee  contracts 
completed  and  to  be  complebed,  and  I  be- 
lieve it  Avrong,  offensive,  and  a  tyranical 
exercise  of  j^ower  to  tax  the  people  of  this 
impoverished  and  ruined  State,  in  the 
further  sum  of  two  millions  of  dollars, 
with  interest  at  six  per  cent,  for  forty  years, 
making  principal,  interest  and  discount  of  j 
20  cents  on  the  issue,  five  millions  twoj 
hundred  thousand  dollars  in  excess  of  whatj 
is  necessary  to  pay  for  building  levees  at 
this  time. 

2.  Because  it  opens  the  door  to  fraud 
and  speculation,  and  further  ruin  to  the 
State. 

3.  Because  the  inhabitants  of  the  par- 
ishes, not  interested  in  the  levees  of  the 
Mississippi  river,  are  forced  to  pay  this  tax 
equally  with  the  persons  whose  lands  are 
protected  by  levees,  which  I  think  is  un-j 
just,  unequal  and  oppressive. 

4.  Because  at  the  rate  of  expenditure 
in  building  levees  on  the  Mississippi 
river,  since  the  close  of  the  late  war,  it  will 
cost  at  least  eighty  millions  of  dollars  in 
the  next  forty  years  (without  interest)  tcj 


JOUEXAL  OF  THE  CONSTITUTIOXAL  CONYEXTIOX. 


2U 


keep  them  up,  vrhicli  I  think  would  bank- ' 
rapt  the  State,  and  grind  the  peo^^le  in  the 
inst  by  enormous  taxation. 

5.  Because  I  am  in  favor  of  a  different 
system  of  protection  by  means  of  outlets, 


Dpening  of  bayous  now 
Ijuildino;  of  a  few  levees  in 


obstructed,  the 
exceedingly  low 
and  important  places,  such  as  Grand  Levee, 
which  would  not  recpiire  an  annual  expendi- 
^ -     of  millions  to  effect. 

_  ,  Because  I  beheve  that  with  the  sys- 
.  of  protection  I  favor,  the  sale  of  the 
.mp  lands  of  the  State  of  Louisiana  would 
__iore  than  suihcient  to  meet  the  expenses 
.  rlief  from  inundation,  wiihout  taxing 
peox^le  of  the  State  as  proposed  by  the 
of  the  Legislature  of  1S67 — and  which 
\er  the  present  system  requires  miUions 
vially.  and  which  must  eventuaUy  com- 
:rdy  bankrupt  the  State,  and  crush  the 
vjle  by  enormous  taxation.  Thus,  I  am 
in  favor  of  abandoning  the  protection  of 


tutiou,"  and  those  opposed  to  ratifying  thd 
Constitution  shall  have  written  or  printed 
on  their  ballots  "against  the  Constitution.'* 
Ap.t  — .  In  order  to  establish  a  civil  gov- 
ernment, as  required  I  y  act  of  Congress 
X^assed  3Iarch  28,  18()7.  an  election  shall  be 
held  at  the  same  time  and  places  at  which 
the  Constitution  is  submitted  for  ratifica- 
tion or  rejection,  for  all  State,  judicial,  par- 
ish and  municipal  officers,  for  members  of 
the  General  Assembly,  and  for  Congres- 
sional Eepresentatives,  at  which  election 
the  electors  who  are  Cjualified  under  the 
Eeconctruction  Acts  of  Congress  shall  vote, 
and  none  othtf-rs. 

Aet.  — .  At  the  election  for  officers  of  the 
civil  grjverument  authorized  and  required 
by  Congre.-s,  to  be  established  by  this  Con- 
vention, all  reoistered  electors  may  vote  in 
any  parish  in  Avhich  they  may  happen  to  be 
on  the  days  of  election,  upon  the  presenta- 
tion of  their  re;;dstration  pa^^ers;  Provided, 


Liids  subject  to  inundation,  but  opposed  to  ;  That  in  all  cases  when  electors  may  offer  to 


rne  manner  proposed,  and  the  large  and  im- 
Qecessary  amount  sought  to  be  endorsed  by 
this  Convention  unnecessary,  and  in  its 
2haracter  dangerous  precedent,  full  of 
mischief  to  the  State. 
By  Mr.  Blandin: 

Article  14:8,  majority  report,  as  follows: 


vote  m  any  parish  where  they  were  not 
registered,  a  list  of  such  persons  shall  be 
taken  by  the  commissioners  of  election^ 
and  the  ntimber  of  their  registration 
papers,  and  the  name  of  the  parish  in 
which  they  were  registered.  In  count- 
ing the  votes,  the  proper  authorities  to  whom 
this  task  shall  be  assie:ned  bv  this  Conven- 
Akt.  ^151.  Immediately  upon  the  ad] oiirn-lti^^    shall  in  all  such  cases  examine  the 

registration  lists  of  the  23ari.she5  in  which 
all  such  voters  shall  purport  to  have  regis- 


ment  of  this  Convention,  this  Constitution 
shall  be  submitted  for  ratification  to  the 
registered  voters  of  the  State,  in  conformity 
:o  the  act  of  Congress  entitled  "An  act  to 
provide  for  the  more  efficient  government 
I'f  the  rebel  States,"  and  the  act 
Qientary  thereto. 
Adopted. 

jlr.  Wickliffe  moved  to   adopt  in  the 
:e  of  title ''Ordinance 


majority  report, 
title  "''Ordinance""  of  the  Constitution, 
fono^ung  series  of  articles: 


OKDIlsAXCE. 


Ajbt.  — .  Immediately  upon  the  adjourn- 
nt  of  the  Convention,  this  Constitution 
11  be  submitted  to  the  registered 
:ers  of  the  State,  in  conformity  to  the 
L  of  CongTess  jDassed  March  2,  1867, 


tered,  and  in  case  the  registration  lists  of 
said  parishes  show  such  j^apers  to  be  cor- 
,  rect,  such  votes  shah  be  counted;  but  in 
supple- 1  (..-^^g  the  registration  lists  do  not  show  such 
I  papers  to  be  correct,  such  votes  shall  be 
I  thrown  out,  and  not  counted,  and  in  all 
cases  where  an  elector  shall   have  voted 
oftener  than  once  at  said  election,  his  vot'O 
shall  Ije  thrown  out,  and  not  counted. 

Aet.  — .  The  same  registrars  and  com- 
missioners who  shall  be  api^ointed  by  the 
Commanding  General  of  the  Fifth  Military 
District  to  sux^erintend  the  election  for  the 
ratification  or  rejection  of  the  Constitution, 
shall,  also,  at  the  same  time  and  places,  su- 


act    to    provide    for  the ,       General.    And  in  case  the  Command- 


entitled  "An 

more  efficient  government  of  the  rebel 
States,"  and  the  acts  supplementary 
thereto, 

Aet.  — .  The  election  for  the  ratification 
or  a  rejection  of  the  Constitution  shall  be 
held  on  Fridav  and  Saturdav,  the  13th  and 
lith  of  March,  1868,  and  the  poUs  shall  be 
kept  open  from  7  o'clock  a.  m.  to  7  o'clock 
M.  At  that  election  all  those  in  favor  of 
dfying  the  Constitution  shall  have  v.Titten 
-  -  printed  on  their  ballotg  *  'for  the  Coasti- 


X^erintend  the  election  for  all  officers  and  rep- 
resentatives herein  ordered,  provided  they 
be  authorized  so  to  act  bv  the  Command- 


ing General  shoitld  not  so  authorize 
said  registrars  and  commissioners,  tha 
Committee  of  Seven,  appointed  by  thL<3 
Convention  to  take  charge  of  the  whole, 
matter  of  the  ratification  of  the  Constitu- 
tion and  the  election  of  civil  officers,  shall 
appoint  one  registrar  for  each  parish  in  the 
State,  except  the  jDarish  of  Orleans,  and 
one  in  each  district  of  the  parish  of  Orleans — 
counting  Orleans,  right  bank,  as  one  dis- 
trict— who  shall  each,  in  his  parish  or  dis*- 


212 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


trict,  apx^oint  a  sufficient  number  of  com- " 
missioners  of   election  to  hold    the  said 
election  for  said  civil  officers  and  Repre- 
sentatives, at  the  same  time  and  places  as 
herein  provided  for. 

Akt.  — .  Returns  shall  be  made  in  dupli- 
cate, sworn  to  by  the  commissioners  hold- 
ing the  election,  and  forwarded  within 
three  days  thereafter,  to  the  registrars  of 
the  parish  or  district.  The  registrar  shall 
immediately  forward  one  copy  of  said  re- 
turns to  the  chairman  of  the  Committee  of 
Seven  appointed  by  this  Convention,  who 
shall,  within  ten  days  after  the  last  return, 
have  been  received,  make  i^roclamation 
of  the  result  of  said  election. 

Art.  — .  All  civil  officers  thus  elected 
shall  enter  upon  the  discharge  of  their 
duties  on  the  second  Monday  after  the 
official  promulgation  of  the  ratification  of 
this  Constitution  by  the  qualified  electors 
of  the  State,  and  continue  in  office  until 
their  legally  elected  successors  shall  be  duly 
inducted  to  office. 

Art.  — .  The  General  Assembly  elected 
under  this  Constitution  shall  hold  its  first 
session  in  the  city  of  New  Orleans  on  the 
third  Monday  after  the  official  promulga- 
tion aforesaid,  and  proceed  immediately 
upon  its  organization  to  the  adoption 
of  the  14th  amendment  to  the  Constitution 
of  the  United  States,  i^roposed  by  Con- 
gress, and  passed  June  13,  1866.  Said 
Hiegislature  shall  not  have  i^ower  to  enact 
any  laws  relative  to  the  per  diem  of  mem- 
bers, or  any  other  subject,  after  organiza- 
tion, until  said  Constitutional  Amendment 
is  adopted  as  required  by  Congress. 

Art.  — .  All  registrars  and  commis- 
sioners ajDpointed  under  this  Constitution, 
shall,  before  entering  upon  their  duties, 
take  and  subscribe  the  oath  of  office  pre- 
scribed by  Congress,  approved  July  2d, 
1862,  entitled  "An  act  to  prescribe  an  oath 
of  office."  The  said  oath  of  office  shall  be 
administered  to  each  registrar  by  the 
Chairman  of  the  Committee  of  Seven, 
herein  provided  for,  and  to  each  commis- 
sioner by  the  registrar  appointing  him. 

Art.  — .  The  General  Assembly  elected 
under  this  Constitution  shall  provide  for 
the  payment  of  registrars,  commissioners, 
and  all  officers  necessary  to  carry  this  ordi- 
nance into  effect. 

Mr.  Ferguson  moved  to  lay  the  motion  of 
Mr.  Wickliffe  on  the  table. 

Lost. 

Mr.  Cromwell  moved  to  print  the  articles 
proposed  in  the  Official  Journal  of  to- 
morrow, and  to  make  them  the  special 
order  for  to-morrow  at  12  m.,  and  it  was  so 
ordered. 


The  Convention  adjourned  until  to-mor- 
row at  10  A.  M. 
A  true  copy: 

WM.  VIGERS,  Secretary. 

SIXTIETH  DAY. 
New  Orleans,  Saturday,  Feb.  8,  1868. 

The  Convention  met  i)ursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  10  A.  M. 

The  roU  was  called  and  the  following 
members  answered  to  their  names : 

President  J.  G.  Taliaferro,  Messrs.  An- 
toine,  Blandin,  Bonnefoi,  Brown,  Burrel, 
Crane,  Cromwell,  Cuney,  Dearing,  De- 
marest,  Depasseau,  P.  G.  Deslonde,  Do- 
nato,  Duplessis,  Esnard,  Fuller,  Gair,  Gar- 
diner, Gould,  Harper,  Harrison,  Hiestand, 
Ingraham,  R.  H.  Isabelle,  Thos.  Isabelle, 
Jones,  Kelso,  Lange,  J.  B.  Lewis,  R. 
Lewis,  Marie,  Martin,  Meadows,  McLeran, 
Morris,  Moses,  Mushaway,  Myers,  Packard, 
Pierce,  Pollard,  Reagan,  Reese,  Riggs, 
Rodriguez,  Schw&b,  Snaer,  Snider, 
Steele,  Underwood,  Valfroit,  Vander- 
griff,  Wickliffe,  Williams,  Wilson  —  56 
members  present. 

Prayer  by  the  Rev.  Jos.  Fisk. 

The  minutes  were  read  and  adopted. 

Mr.  Pinchback  was  called  to  the  chair. 
originaij  resolutions. 

By  Mr.  Packard: 

Whereas,  By  the  Act  of  Congress  ap- 
proved June  3,  1856,  a  grant  of  public 
land  was  made  to  aid  in  the  construction 
of  the  New  Orleans,  Opelousas  and  Great 
Western  Railroad  in  Louisiana,  to  be  com- 
pleted within  iten  years  from  the  date  of 
said  act,  which  limitation  expired  June  3, 
1866,  and 

Whereas,  In  view  of  the  importance  of 
the  etirly  completion  of  said  road  to  the  in- 
terest of  the  State,  the  same  having  sub- 
scribed to  the  original  stock  of  the  com- 
pany to  the  amount  of  $1,200,000,  the  city 
of  New  Orleans  also  having  subscribed  to 
the  amount  of  81,500,000,  and  certain  par- 
ishes of  the  State  having  subscribed  to  the 
amount  of  $325,000,  amounting  in  the  ag- 
gregate to  $3,025,000,  being  more  than  on© 
half  of  the  capital  stock  of  the  company^ 
and 

Whereas,  The  early  completion  of  the 
road  will  tend  to  the  development  of  the 
richest  portion  of  the  State,  through  which 
it  is  located,  to  the  Texas  line,  and  induce 
wealth  and  industry  to  the  unsettled  por- 
tions of  the  State,  as  weU  as  to  the  already 
populous  city  of  New  Orleans;  therefore, 
.be  it 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


213 


Resolved  by  the  members  of  this  Convention 
representi.ig  the  loyal  people  of  the  State  of 
Louisiana,  That  beside  the  heavy  stock  in- 
Testments  of  the  State,  city  of  New 
Orleans  and  several  parishes  in  said  road, 
we  look  to  it  and  its  connections  as  one  of 
the  most  efficient  means  of  building  up  our 
State,  and  developing  the  commercial, 
agricultural  and  manufacturing  resources 
of  the  State  of  Louisiana  and  Texas,  and  in- 
derectly  benefitting  all  the  States  of  the 
Union  ;  and  be  it  further 

Resolved,  That  we  earnestly  petition  Con- 
gress to  grant  a  special  act  of  relief  to  said 
road  reinstating  their  land  grant  as  it 
stood  on  the  3d  day  of  June,  1866,  when 
the  ten  years  Hmitation  expired,  and  ex- 
tending the  time  allowed  for  the  comple- 
tion of  the  road  eight  years  as  has  been 
accorded  to  the  Northern  land  grant  roads, 
including  those  of  Ai'kansas  and  Missoim; 
and  be  it  further 

Resolved,  That  copies  of  these  resolutions 
be  furnished  the  Hon.  President  of  the 
Senate  and  the  Hon.  Speaker  of  the  House 
of  Representatives  of  the  United  States  by 
the  President  of  this  Convention,  that  the 
same  may  be  laid  before  Congress. 
Lies  over. 
By  Mr.  Wickhffe: 

Resolved,  That  the  Committee  on  Print- 
ing be  instructed  to  report  what  amount,  if 
any,  is  justly  due  to  the  proprietors  of  the 
New  Orleans  Tribune,  New  Orleans  Repub- ' 
lican,  and  New  Orleans  Advocate,  for  the 
copies  of  their  several  pajoers  furnished 
this  Convention. 
Lies  over. 

The  special  committee  to  examine  and 
report  upon  the  city  charter,  through  Mr. 
Smith,  chairman,  reported  progress. 

The  Committee  on  Printing  submitted  | 
the  follo^dng  report: 

New  Orleans,  February  8,  1868. 

To  the  Hon.  President  and  members  of  the  Constitu- 
tiunal  Convention  : 

Your  Committee  on  Printing,  to  whom 
was  referred  the  bill  of  the  New  Orleans 
Tribune,  have  the  honor  to  report  as  fol- 
lows: 

The  amount,  81,936,  mentioned  in  the 
said  bill,  was  approved  and  a  warrant  or- 
dered to  be  drawn  for  the  same  by  this 
Convention  February  4,  1868.  It  therefore 
needs  no  farther  action  of  the  Convention 
for  the  balance  of  the  bill,  amounting  to 
$137.  Your  Committee  have  examined  the 
same  and  found  it  correct.  They  therefore 
offer  the  accompanying  resolution: 

Resolecd,  That  the  balance  of  the  bill 
of  the  Official  Printers  for  job  work, 
amounting  to  one  hundred  and  thirty- 


seven  dollars,  be  approved  and  the  "WaiTant 
Clerk  be  authorized  to  draw  a  warrant  for 
the  same  in  favor  of  ^Mt'ssrs.  J.  B.  Rou- 
danez  &  Co.,  Official  Printers. 

Mr.  Burrel  called  up  his  resolution  lying 
over  from  January  31,  as  follows: 

Resolved,  That  the  collectors  of  taxes  in 
different  parishes  be  instr acted  to  pay  to 
the  delegates  of  their  respective  parishes, 
if  demanded  by  them,  the  amount  due  on, 
their  respective  warrants,  instead  of  pay- 
ing the  amount  into  the  Treasiuy  of  tha 
State. 

Resolved,  That  the  State  Treasurer  shall 
receive  the  warrants  of  said  delegates  from 
the  tax  collectors,  when  endorsed  according- 
ly by  said  delegates,  and  to  accredit  the 
tax  collector,  in  the  same  manner  as  when 
said  warrants  were  x^aid  fur  taxes. 

Mr.  Harper  moved  to  amend  by  striking 
out  all  after  the  word  "resolved,"  and  in- 
serting the  following: 

Resolved,  That  after  the  adjournment  of 
this  Convention,  in  0]\1- r  to  submit  tho 
Constitution  for  ratilication,  the  collectors 
of  the  Convention  tax,  in  the  different 
parishes,  the  parishes  of  Orleans  and  Jef- 
ferson excepted,  be  and  are  hereby  directed 
to  pay  to  the  delegates  of  their  respective 
parishes  the  amounts  of  their  ^^e?'  die7n  and 
travehng  allowance  due  on  their  respective 
w^arrants,  instead  of  paying  the  amount 
into  the  Treasury  of  the  State,  pro^dded  said 
warrants  are  presented  for  payment  previous 
to  the  time  of  settlement  of  the  aforesaid 
tax  collectors  with  the  State. 

Resolved,  That  the  aforesaid  collectors  of 
taxes  shall  receive  the  warrant  from  said 
delegates  when  duly  endorsed  ;  and  tho 
State  Treasurer  shall  receive  from,  and  ac- 
credit the  several  amounts  so  paid  to  the 
collectors  of  taxes  in  the  same  manner  as 
heretofore  prescribed  by  this  Convention 
as  when  said  warrants  were  paid  for  taxes. 

Resolved,  That  the  State  Auditor  be  here- 
by instructed  to  forward  copies  of  these 
resolutions  to  the  collectors  of  taxes 
throughout  the  State,  and  that  the  ex- 
penses thus  incurred  be  defrayed  by  a  war- 
rant duly  signed  by  the  President  of  the 
Convention. 

Mr.  Wickliffe  moved  to  amend  the  amend- 
ment by  inserting  after  the  word  ''de- 
frayed" "out  of  any  funds  in  his  hands 
derived  by  virtue  of  the  Tax  Ordinance 
passed  by  this  Convention  December  24, 
1867." 

Mr.  Jackson  moved  to  lay  the  amend- 
ment of  Mr.  Harper  on  the  table. 
Adopted. 


214 


JOURNAIi  OF  THE  CONSTITUTIONAL  CONVENTION. 

ordinance  as  fol- 


Mr.  Gair  moved  to  lay  the  original  reso- 
lutions of  Mr.  Burrel  on  the  table. 
Adopted. 

Mr.  Packard  moved  to  reconsider  the 
Tote  by  -which  the  ordinance  offered  by  Mr. 
"Wickliffe  was  made  the  special  order  for  to- 
day at  12  M. 

Adopted. 

UNFINISHED  BUSINESS. 

By  Mr.  Wickliffe: 

Article  2  of  his  ordinance  as  follows: 
Abt.  151.  The  election  for  the  ratifica- 
tion or  rejection  of  the  Constitution  shaU 

"be    held  on  Friday    and  Saturday,   

days  of  March,  1 868,  and  the  polls  shall  be 
kept  open  from  seven  o'clock  a.  m.  to  seven 
o'clock  p.  M.  At  that  election  aU  those  in 
favor  of  ratifying  the  Constitution  shall  have 
•written  or  printed  on  their  ballots  "  for  the 
Constitution,"  and  those  opposed  to  ratify- 
ing the  Constitution  shall  have  written  or 
printed  on  their  ballots  "against  the  Con- 
stitution." 

Mr.  Bertonneau  moved  to  amend  by 
striking  out  "7  o'clock  a.  m.,"  and  insert- 
ing from  "8  o'clock  a.  m.  until  4  o'clock 

P.  M." 

Laid  on  the  table. 

Mr.  Blandin  moved  to  amend  by  fixing 
the  hours  from  7  o'clock  a.  m.  till  6  o'clock 

p.  M. 

Laid  on  the  table. 

Mr.  Packard  moved  to  amend  by  striking 
out  "13th  and  lUh  of  March,"  and  insert- 
ing in  lieu  thereof  "20th  and  21st  of 
March." 

Laid  on  the  table. 

Mr.  Moses  moved  to  amend  by  striking 
out  "13th  and  14th  of^Iarch,"  and  leaving 
it  blank. 

Adopted. 

The  article,  as  amended,  and  reading  as 
follows: 

Abt.  — .  The  election  for  the  ratification 
or  rejection  of  the  Constitution  shall  be 
held  on  — ,  and  the  polls  shall  be  kept 
open  from  7  o'clock  a.  m.  to  7  o'clock  p.  m. 
At  that  election  aU  those  in  favor  of  ratify- 
ing the  Constitution  shall  have  written  or 
printed  on  their  ballots  '  'for  the  Constitu- 
tion," and  those  opposed  to  ratifying  the 
Constitution  shall  have  written  or  printed 
on  their  ballots  "against  the  Constitution." 

Was  adopted. 

Mr.  Tinchant  moved  to  adopt  the  third 


article  of  Mr.  Wickliffe's 
lows : 

Abt.  — .  In  order  to  establish  a  civil 
government  as  required  by  act  of  Congress, 
passssd  March  23,  1867,  an  election  shaU  be 
held  at  the  same  time  and  places  at  whicl) 
the  Constitution  is  submitted  for  ratifica- 
tion or  rejection  for  all  State,  judicial 
parish  and  municipaJ.  officers  for  member* 
of  the  General  Assembly,  and  for  Con 
gressional  Representatives,  at  which  elec| 
tion  the  electors  who  are  qualified  unde:* 
the  Reconstruction  Acts  of  Congress  shal 
vote,  and  none  others. 

Adopted — ayes  49,  nays  12 — as  follows: 
Teas:  Antoine,  Belden,  Bertonneau 
Blandin,  Bonnefoi,  Burrel,  Dearing,  Dea| 
londe  P.  G.,  Donato.  Douglas,  Duplessig 
Esnard,  Francois,  Gair,  Gardiner,  Gould 
Hiestand,  Isabelle  R.  H.,  Jackson,  Jonesi 
Kelso,  Landers,  Lange,  Leroy,  Lewis  R. 
Marie,  Martin,  Massicot,  Meadows,  M( 
Leran,  Morris,  Moses,  Murrel,  Myers,  Ne\^ 
sham,  Packard,  Pierce,  Pinchback,  Poii 
dexter.  Pollard,  Reagan,  Reese,  Schwat 
Snaer,  Snider,  Valfroit,  Wickliff'e,  Williamil 
Wilson — 49  nays. 

Nays:  Cooley,  Crane,  Crawford,  Cromwel 
Demarest,  Duparte  G.,  Fuller,  Isabel! 
Thos.,  Riggs,  Rodriguez,  Smith,  Wil 
pies — 12  nays. 

Mr.  CromweU  exiDlained  his  vote  as  fc, 
lows: 

I  vote  no  because  I  do  not  believe  \ 
have  any  right  under  the  Military  BOl 
hold  any  municipal  election  until  the  ral 
fication  of  the  Constitution  is  complete 
Mr.  Gair  moved  to  adopt  the  4th  articj 
as  foUows: 

Abt.  153.  At  the  election  for  officers 
the  civil  government  authorized  and  i 
quired  by  Congress  to  be  established  I 
this  Convention,  all  registered  electors  m 
vote  in  any  parish  in  which  they  may  ha 
pen  to  be  on  the  day  of  election,  upon 
presentation  of  their  registration  pape: 
Provided,  That  in  all  cases  when  eleotcl 
may  offer  to  vote  in  any  parish  where  th 
were  not  registered,  a  Hst  of  such  perso 
shall  be  tsien  by  the  commissioners 
election,  and  the  number  of  their  regist; 
tion  papers,  and  the  name  of  the  parish 
which  they  were  registered,  and  the  balli 
cast,  shall  be  numbered  and  a  correspol 
ing  number  annexed  to  the  name  of  sii 
voter  upon  the  election  list.  In  counti 
the  votes,  the  proper  authorities  to  wb 
this  task  shall  be  assigned  by  this  Conv( 
tion  shall  in  all  such  cases  examine . 
registration  lists  of  the  parishes  in  whici 
such  voters  shall  purport  to  have  re 
tered,  and  in  case  the  registration  list 


JOUEXAL  OF  THE  COXSTITTTIOXAL  CONYENTIOX. 


21; 


said  parishes  show  sneh  papers  to  be  correct 
such  votes  shall  be  counted;  but  in  case  the 
registration  Ksts  do  not  show  such  papers 
to  be  correct,  such  votes  shall  be  throvai 
out,  and  not  counted,  and  in  all  cases 
where  an  elector  shall  have  voted  oftener 
than  once  at  said  election,  his  vote  shall  be 
thrown  out  and  nbt  counted. 

Mr.  Packard  moved  to  amend  by  insert- 
ing after  the  word  "election,"  in  the  first 
line,  "for  the  ratification  of  the  Con- 
stitution," and  after  the  words  "parish 
in  which  they  reside,"  the  words  "upon 
present-ation  of  sufficient  evidence  to 
satisfy  the  Commissioner  of  Election 
that  they  have  resided  in  the  parish 
in  which  they  offer  to  vote  for  the  space  of 
ten  days,  and  that  they  are  the  identical 
persons  they  represent  themselves  to  be, ' 
and  by  striking  out  all  after  the  words  last 
inserted. 

Laid  on  the  table. 

jVTr.  Reagan  moved  to  amend  by  insert- 
ing after  the  v>-ord  "  registered,"  the  words 
"'and  the  ballots  cast  shall  be  numbered, 
and  a  corresx3onding  number  annexed  to 
the  name  of  such  voter  upon  the  election 
day." 

The  amendment  was  accepted. 
The  question  recurring  upon  the  ai'ticle, 
as  amended,  and  reading  as  follows : 

Abt.  — .  At  the  election  for  officers  of  the 
civil  government  authorized  and  required 
by  Congre&s,  to  be  established  by  this  Con- 
vention, all  registered  electors  may  vote  in 
any  parish  in  wliich  they  may  happen  to  be 
on  the  days  of  election,  upon  the  presenta- 
tion of  their  registration  papers;  Provided, 
That  in  aU  cases  when  electors  may  offer  to 
vote  in  any  parish  where  they  were  not 
registered,  a  list  of  such  persons  shall  be 
taken  by  the  commissioners  of  election, 
and  the  number  of  their  registration 
papers,  and  the  name  of  the  parish  in 
which  they  were  registered,  and  the  brJ- 
lots  cast  shiili  be  numbered  and  a  corres- 
ponding nimiber  annexed  to  the  name  of 
such  voter  upon  the  election  Kst.  In  count- 
ing the  votes  the  pro^jer  authorities  to  whom 
this  task  shaU  be  assigned  by  this  Conven- 
tion, shall  in  all  such  cases  examme  the 
registration  lists  of  the  parishes  in  which 
all  such  voters  shall  purport  to  have  regis- 
tered, and  in  case  the  registration  Ksts  of 
said  parishes  show  such  jDapers  to  be  incor- 
rect, such  votes  shall  be  counted;  but  in 
case  the  registration  lists  do  not  show  such 
papers  to  be  correct,  such  votes  shall  be 


thrown  out,  and  not  counted,  and  in  all 
cases  where  an  elector  shall  have  voted 
oftener  than  once  at  said  election,  his  vote 
shall  be  thrown  out,  and  not  counted. 

It  was  adopted — ayts  34,  nays  23 — as  fol- 
lows: 

Ayes:  Antoine,  Douglas,  TJ.  Dupart, 
Esnard,  Francois,  Gaii-,  Gardiner,  Hemp- 
stead, E.  H.  IsabeUe,  Jones,  Lange,  Leroy, 
K.  Le^-is,  Marie,  Massicot,  Meadows, 
McLeran,  Morris,  Moses,  Murrel,  OKver, 
Pierce,  Poindexter,  Pollard,  Reagan, 
Schwab,  Sc'Ott,  Snider,  Tinchant,  Yidal, 
"Wickliffe,  Williams,  Wilson — 34  ayes. 

IS'ays:  Belden,  Bertonneau,  Blandin, 
Bonnefoi,  Bro^vn,  Burrel,  Cooley,  Crane, 
Crawford,  Bearing,  Depasseau,  Duplessis, 
Hai'per,  Harris,  T.  IsabeUe,  Landers,  Mc- 
Millan, Mushaway.  Packard,  Pinchback, 
Reese,  Riard — 23  nays. 

Mr.  Tinchant  explained  his  vote  as  fol- 
lows: 

Being  anxious  to  give  to  all  pohtical 
speculators  a  fair  show,  I  will  vote  yes. 

Mr.  Depasseau  exj^lained  his  vote  as 
follows: 

Being  ox^posed  to  election  by  rtca  voce,  I 
vote  no. 

The  Convention  adjourned  until  to-mor- 
row at  10  o'clock  A.  M. 
A  true  copy: 

WM.  "VICtERS,  Secretary. 

SIXTY-FIRST  DAY. 
Xew  Oeleaxs,  Monday,  Feb.  10,  1S6S. 
The  Convention  met  pursuant  to  adjoiUTi- 
ment,  and  was  called  to  order  by  the  Presi- 
dent at  10  o'clock  A.  i£. 

The  roU  was  called  and  the  following 
members  answered  to  their  names: 

J.  G.  Tahaierro,  President  ;  Messrs.  An- 
toine, Baker,  Bert-onnea^u,  Bonnefoi,  Brown, 
Bun-el,  Cooley,  Crane,  Crawford,  Cromwell, 
Cimey,  Dearing,  Depasseau,  Deslonde  P. 
G. ,  Deslonde  J. ,  Donate,  Duparte  G. ,  Du- 
part U.,  Edward,  Esnard,  Francois,  Fuller, 
Ferguson,  Gair,  Gardiner,  Gould,  Harper, 
Harris,  Harrison,  Hiostand,  Ingraliam,  Isa- 
beUe R.  H.,  IsabeUe  Thos.,  .Jackson,  Jones, 
Kelso,  Landers,  Lange,  Leroy,  Lewis  R., 
;  Marie,  Martin,  Meadows,  McLeran,  Moses, 
i  Murrel,  Myers,  Xewsliam,  OKver,  Packard, 
'■  Pierce,   Pinchback,   Poindexter,  PoUard, 
I  Reagan,  Reese,  Riard,  Riggs,  Roberts,  Ro- 
!  driguez,  Schwab,  Snider,  Steele,  TwitcheU, 
!  Underwood,  Yalfroit,  Yandergriff,  Yidal, 
jWickliffe,  Williams,  WUson — 72  members 
present. 

I    Prayer  by  the  Rev.  Jos.  Fisk. 


216 


JOUEisAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  minutes  were  read  and  adopted. 

ORIGINAL  RESOLUTIONS. 

Mr.  Cromwell  moved  that  the  Constitu- 
tion, before  its  final  adoption,  be  read 
seonatim  three  separate  days — first  day  for 
correction,  second  for  substitutes  or  amend- 
ments, and  third  for  final  adoption. 

Laid  on  the  table. 

By  Mr.  Keagan : 

Resolved,  That  each  member  and  em- 
ployee of  this  Qonvention  shall  receive  30 
per  cent,  over  their ^9er  diem.,  respectively. 
The  Warrant  Clerk  is  hereby  directed  to 
audit  said  allowances  and  issue  warrants  for 
amounts  respectively  audited. 

Lies  over. 

Mr.  Cooley  moved  that  the  sum  of  $150 
be  appropriated  to  the  j)roiDrietors  of  the 
Commercial  Bulletin  for  papers  furnished 
iihe  Convention. 

Mr.  Packard  moved  to  amend  by  striking- 
out  ^^$150"  and  inserting  "ig75." 

Lost. 

Mr.  Crane  moved  to  amend  by  inserting 
*'|100"  in  place  of  ".$150." 
Adopted — ayes  36,  nays  29 — as  follows  : 
Ayes  :  Antoine,  Belden,  Blandin,  Bonne- 
foi,  Cooley,  Crane,  Crawford,  Cromwell, 
Dearing,  Depasseau,  Douglas,  G.  Dupartc, 
Duplessis,  Esnard,  Ferguson,  Harris,  Hies- 
tand,  R.  H.  Isabelle,  Thomas  Isabelle, 
Jones,  Kelso,  Landers,  Leroy,  Eichard 
Lewis,  Marie,  Martin,  Mushaway,  Myers, 
Pinchback,  IRiggs,  Eoberts,  Eodriguez, 
Schwab,  Snider,  Williams,  Wilson  —  36 
ayes. 

Nays  :  Bertonneau,  Burrel,  P.  G.  Des- 
londe,  Edward,  Francois,  Fuller,  Gardiner, 
O-uichard,  Harper,  Hempstead,  Lange, 
Meadows,  Morris,  Moses,  Murrel,  New- 
sham,  Oliver,  Packard,  Pierce,  Poin- 
dexter.  Pollard,  Eeagan,  Eiard,  Steele, 
Tinchant,  Underwood,  Valfroit,  Wickliffe — 
29  nays. 

Mr.  Tinchant  called  up  the  report  of  the 
Committee  on  Printing  of  February  8,  and 
moved  to  adopt  the  resolution  as  reported, 
and  reading  as  follows: 

Resolved,  That  the  balance  of  the  bill  of 
the  Official  Printers  for  job  work,  amount- 
ing to  one  hundred  and  thirty-seven  dol- 
lars, be  approved  and  the  Warrant  Clerk 
be  authorized  to  draw  a  warrant  for  the 
same  in  favor  of  Messrs.  J.  B.  Eoudanez  & 
•Co.,  Official  Printers. 

Adopted. 

The  President  submitted  to  the  Conven- 


tion the  following  memorial  from  the  Con 
stitutional  Convention  of  Georgia: 

The  Constitutional  Convention  of  th 
State  of  Georgia  presents  to  the  Congres 
of  the  United  States  the  following  consid 
eration : 

A  loan  by  the  United  States  Governmen 
to  the  impoverished  planters  of  the  SoutI 
of  a  reasonable  amount  of  United  State 
currency  for  agricultural  purposes,  proper 
ly  guarded  by  mortgage,  and  equitably  dis- 
tributed among  the  most  needy,  would  be 
of  incalculable  advantage  to  the  whole  coun- 
try. Such  a  loan  would  restore  the  produc- 
tions of  the  South,  and  give  a  market  foi 
the  goods  of  the  North  and  the  pro- 
duce of  the  West.  It  would  at  once 
energize  the  South  in  an  honorable  attempt 
to  compete  with  England,  our  rival  in  cot- 
ton raising,  and  return  with  interest  a  full 
payment  for  all  her  zeal  in  fostering  om' 
late  troubles  in  order  that  she  might 
establish  her  selfish  policy  of  producing 
cotton  in  the  East,  to  the  injury  of  our  cot- 
ton States,  and  thereby  take  commanding 
control  of  what  has  been  the  great  source  ol 
our  commercial  prosperity  as  a  people. 
Mortgages  or  real  estate  can  be  taken  as 
tmce  the  value  of  the  money  loaned.  No 
man  need  borrow  more  than  two-thirds  ol 
v/hat  he  can  give  assurance  will  be  the  value 
of  his  coming  crop. 

The  people  of  the  South  need  relief.  Al- 
most destroyed  by  the  great  conflict  just 
over.  Providence,  so  far,  has  not  smiled 
upon  the  Southern  planter. 

In  1865,  there  was  a  short  crop  from 
droughts  and  other  causes. 

In  1867  planters  planted  hoping  to  real- 
ize from  twenty-five  to  thirty  cents  per 
pound  on  cotton.  Compelled  to  sell  gen- 
erally at  from  ten  to  twelve  cents  per 
pound,  by  the  decline  in  the  market, 
cotton  planters  have  failed  to  realize  the 
cost  of  production  and  are,  to  an  alarming 
extent,  comparatively  helpless  for  the  com- 
ing crop.  In  proportion  as  the  cotton 
planter  is  unable  to  plant  for  a  large 
amormt  of  cotton,  will  the  freedmen,  ne- 
cessarily suffer. 

The  extent  of  suffering  among  the  freed- 
men, unless  Southern  planters  are  fostered 
by  the  government,  will  be  appalling  to  the 
Christian  heart.  "The  nation's  ward"  con- 
not  be  better  cared  for  than  by  thus  pro- 
viding for  them  remuneration  labor  upon 
that  staple  with  the  production  of  which 
they  are  already  familiar,  and  which  yield' 
to  them  the  greatest  reward  for  that  service 
which  they  are  best  fitted  by  their  raising 
to  perform.  A  liberal  loan  by  Congress  as 
indicated  "would  do  much  to  stimulate 


JOURNAL  OF  THE  CONSTITUTIONAL  CON^TSNTION. 


217 


,  .ational  fraternity."  In  view  of  tlie  fore- 
I  oing,  be  it  therefore 

i  Eesolred,  That  the  Congress  of  the  United 
itates  be  respectiiillY  petitioned  to  appro- 
riate  thirty  millions  of  dollars  of  United 
tates  currency,  to  be  loaned,  under  j)roper 
3gulations,  to  aid  in  developing  the  agri- 
tdtural  interests  of  needy  Southern 
lanters. 

Resolved,  That  copies  of  the  foregoing 
reamble  and  resolution  be  transmitted  to 
16  President  of  the  Senate  and  Speaker  of 
le  House  of  Eepresentatives  of  the  United 
tates,  ^rith  the  request  that  they  be  laid 
efore  these  bodies;  and  that  copies  be  al-'o 
ransmitted  to  the  Presidents  of  the  Con- 
:itutional  Conventions  of  the  Southern 
tates,  and  that  v.-e  invite  the  co-operation 
f  such  Conventions  in  this  application  to 
ongress. 

[Signed]  J.  E.  Paeeote, 

President  of  the  Convention. 

P.  31.  Sheiblzt. 
Secretary  of  the  Convention. 

Which  vras  received  and  lies  over  under 
iQ  rules. 

■  Mr.  Crane  moved  to  adopt  the  follovdng 
:5  an  article  of  the  Constitution: 
•  The  General  Ass.^nil^v  >halL  at  its  first 
'ssion  under  t:ii-  C-.-n.-tiTitci-  -n.  providr-  by 
l  TT  for  the  subdivision  int'j  .-mail  lots,  nc^t 
.  ss  in  quantity  than  tvrenty  acres,  all  un- 
)ld  State  lands  to  secui'e  co  actual  settlers 
lereon  homesteads  on  the  most  liberal 
Tms  practicable. 
Lies  over. 

^^^Fr:^ISHED  BrsixEss, 
The  fifth  article  of  the  ordinance  pro- 
Dsed  by  Mr.  Wickhffe  being  under  con- 
deration,  was  adopted,  reading  as  follows : 
Art.  — .  The  same  registrars  and  com- 
issioners  who  shall  be  appointed  by  the 
ommanding  General  of  the  Fifth  Military 
istrict  to  superintend  the  election  for  the 
I  -tification  or  rej<^ction  of  the  Constitution, 
laU,  also,  at  the  same  time  and  places,  su- 
^rintend  the  election  for  all  ollicers  and  rep- 
■•sentatives  herein  ordered,  provided  they 
i  authorized  so  to  act  by  the  Command- 
t.g  General.  And  in  case  the  Command- 
-g    General   should    not     so  authorize 

! id  registrars  and  commissioners,  the 
iDmmittee  of  Seven,  appointed  by  this 
onvention  to  take  charge  of  the  whole 
latter  of  the  ratification  of  the  Constitu- 
bn  and  the  election  of  civil  officers,  shall 
bpoint  one  registrar  for  each  parish  in  the 
(;ate,  excej^t  the  parish  of  Orleans,  and 
|ie  in  each  district  of  the  parish  of  Orleans — 
limiting  Orleans,  right  bank,  as  one  dis- 
■iict — ^who  shciU  each,  in  his  i^arish  or  dis- 


trict, aj^point  a  sufficient  number  of  com- 
missioners of  election  to  hold  the  said 
election  for  said  civil  officers  and  Eepre- 
sentatives, at  the  same  time  and  places  as 
herein  pro\ided  for. 

Messrs.  Cooley  and  Crane  recorded  their 

:  vote — no — on  the  adoption  of  Mr.  Wick- 

:  liffe's  fifth  article. 

I  The  6th  article,  reading  as  follows,  was 
' adopted: 

Ap.t.  — .  Eettirns  shall  be  made  in  dupli- 
cate, sworn  to  by  the  commissioners  hold- 
ing the   election,   and   forwarded  within 
three  days  thereafter,  to  the  registrars  of 
tire-  parish  or  district.    The  registrar  shall 
immediately  forward  one  copy  of  said  re- 
tvirns  to  the  chairman  of  the  Committee  of 
Sfven  appointed  Ijv  this  Convention,  who 
;  shall,  v;ithiu  ttu  days  after  the  last  return, 
j  have  been  rfc^iveil,  make  proclamation  of 
the  restrlt  of  said  election, 
j    The  7th  article,  reading  as  follows,  was 
alopied: 

;  Aet.  — .  All  civil  ofS'  ''-is  elected 
'  shall  enter  upon  the   di  -  of  their 

I  duties   on   the   second    jx  ji^  L.  y  after  the 

■  oflicial  promulgation  of  the  ratification  of 
this  Constitution  by  the  quahfied  electors 
01  the  State,  and  continue  in  office  until 
their  legally  elected  successors  shall  be  duly 
inducied  to  office. 

3Ir.  Ohver  moved  to  adopt  the  Sth  article, 

!  as  follows: 

I    Aet.  — .  The  General  Assembly  elected 
I  under  this  Constitution  shall  hold  its  fii'st 
'  session  in  the  city  of  New  Orleans,  on  the 
third  Monday  after  the  official  promulga- 
tion  aforesaid,    and  proceed  immediately 
tipon     its    organization    to    the  adop- 
tion   of    the    l-4th    amendment    to  the 
Constitution  of  the  United  States,  proposed 
by  Concrress.  and  j^^^ssed  June  13,  1866. 
Said  Legislature  shall  not  have  power  to 
:  enact  any  lav>-s  relative  to  the  per  die^ni  of 
I  members  or  any  other  subject,  after  organi- 

■  zation.  until  said  Constitutional  Amend- 
\  ment  is  adopted  as  required  by  Congress. 

Mr.    Underwood  moved  to   amend  by 
■striking  out  "Nevv  Orleans"  and  inserting 
:  "Baton  Eouge." 
i  Adopted. 

j  Mr.  Waples  moved  to  amend  by  adding 
after  the  word  "to,"  in  the  sixth  line,  the 
Avords  '  'vote  upon;"  and  inserting  in  the  last 

;  line  after  the  words  "Constitutional  Amend- 
ment."' the  words  "shall  have  been  acted 
upon,"  in  place  of  "is  adopted  as  required 

i bv  Congress." 


218 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Mr.  Wickliffe  moved  to  Jay  tlie  amend- 
ment on  the  table. 
Lost — ayes  24,  nays  33 — as  f oUows : 
Yeas:  Crawford,  P.  G.  Deslonde,  G.^Dii- 
parte,  Guichard,  Hempstead,  R.  H.  Isa- 
beile,  Jones,  Lange,  Leroy,  Marie,  Morris, 
Moses,  Newsham,  OKver,  Packard,  Pierce, 
Poindexter,  Riggs,  Rodriguez,  Underwood, 
Valfroit,  Wickliffe,  Williams,  Wilson — yeas 
24. 

Nays:  Bertonnean,  Blandin,  Bonnefoi, 
Bnrrel,  Butler,  Cooley,  Crane,  Cromwell, 
Dearing,  Donato,  Douglas,  U.  Dupart,  Du- 
plessis,  Esnard,  Francois,  Gair,  Harrison, 
Thos.  Isabelle,  J.  B.  Lewis,  R.  Lewis, 
Massicot,  Murrel,  Mashaway,  Myers,  Pinch - 
back,  Reagan,  Reese,  Riard,  Snider,  Steele, 
Tinohant,  Twitchell,  Waples — nays  33. 

The  amendment  was  adopted — ayes  36, 
nays  20 — as  follows: 

Yeas:  Antoine,  Baker,  Belden,  Berton- 
neau,  Blandin,  Bonnefoi,  Brown,  Butler, 
Cooley,  Crane,  Dearing,  G.  Duparte,  Du- 
plessis,  Esnard,  Francois,  Gair,  Gould, 
Guichard,  Harper,  Harrison,  Hiestand, 
Thos.  IsabeUe,  Jackson,  Leroy,  Meadows, 
Mushaway,  Myers,  Pierce,  Pinchback, 
Poindexter,  Reagan,  Reese,  Smith,  Snider, 
Vidal,  Waples— 36. 

Nays:  Burrel,  Crawford,  P.  G.  Deslonde, 
U.  Dupart,  Rl  H.  Isabelle,  Jones,  Marie, 
Massicot,  Moses,  Murrel,  Oliver,  Packard, 
Pollard,  Riggs,  Rodriguez, Steele,  Tinchant, 
Underwood,  Wlckliife,  Wilson-^20. 

The  article,  as  amended,  reading  as  fol- 
lows: 

AnT.  — .  The  General  Assembly  elected 
nnder  this  Constitution  shall  hold  its  first 
session  in  the  city  of  Baton  Rouge  oa  the 
third  Monday  after  the  official  promulga- 
tion aforesaid,  and  proceed  immediately 
upon  its  organization  to  vote  upon  the 
adoption  of  the  14th  amendment  to  the 
Constitution  of  the  United  States,  proposed 
by  Congress,  and  passed  June  13,  1866. 
Said  Legidature  shall  not  have  power  to 
enact  any  laws  relative  to  the  per  aiem  of 
members  or  any  other  subject,  after  organi- 
zation, until  said  Constitutional  Amend- 
ment shall  have  been  acted  upon. 

Was  adopted — ayes  44,  nays  17 — as  fol- 
lows : 

Ayes :  Antoine,  Baker,  Belden,  Blandin, 
Bonnefoi,  Brown,  Butler,  Cooley,  Crane, 
Dearing,  Donato,  G.  Duparte,  U.  Dupart, 
Francois,  FuUer,  Gair,  Guichard,  Harper, 
Hiestand,  Jackson,  Lange,  Leroy,  Marie, 
Massicot,  Meadows,  McLeran,  Mushaway, 
Myers,  Packard,  Pierce,  Pinchback,  Poin- 
dexter, Pollard,  Reagan,  Reese,  Riard, 
Smith,    Snider,    Tinchant,  Underwood, 


1 


Valfroit,     Vidal,    Wickliffe,  Wilsoi 
ayes. 

Nays:  Bertonneau,  Burrel,  Crawfi] 
Cuney,  Duplessis,  Ferguson,  Gould, 
rison,  T.  Isabelle,  Morris,  Moses,  Mur: 
Oliver,  Riggs,  Rodriguez,  Steele,  Waple 
17  np.ys. 

Mr.  Belden  explained  his  vote  on 
amendment  of  Mr.  Waples  as  follows: 

Beheving  that,  forcing  the  Legia 
to  adopt  the  amendment  proposed,  mi 
give  rise  to  a  legal  question  as  to  whei 
we  have  legally  adopted  the  said  am€ 
ment,  I  favor  leaving  the  matter  to  the 
untary  action  of  the  Legislature. 

Judge  Crawford  explained  his  vote 
amendment  to  article  8th  as  follows : 

I  vote  no  for  the  reason  that  I  a: 
posed  to  the  original  article,  and 
article  if  amended,  believing  that  we 
to  do  nothing  on  this  subject. 

The  9th  article,  as  follows,  was  ado; 

Aet.  — .  AU  registrars  and  commissio: 
appointed  under  this  Constitution,  si 
before  entering  upon  their  duties,  take 
subscribe  the  oath  of  office  prescribed 
Congress,  approved  July  2,  1862,  enti 
"An  act  to  prescribe  an  oath  of 
The  said  oath  of  office  shall  be 
ministered  to  each  registrar  by 
chairman  of  the  Committee  of  Se 
herein  provided  for,  and  to  each 
missioner  by  the  registrar  appointing 

Mr.  Wickliffe  moved  to  adopt  in  plac 
the  tenth  article,  the  following: 

Aet.  — .  All  registrars,  commissior 
and  other  officers  necessary  to  carry 
effect  the  provisions  of  this  ordinance 
cept  as  otherwise  provided  for  by  the  Re 
struction  Acts  of  Congress,  shall  be 
out  of  any  funds  raised  by  virtue  of 
Tax  Ordinance  adopted  by  this  Conver 
December  24,  1867,  not  otherwise 
propriated. 

Adopted.* 

Mr.  Wickliffe  moved  that  a  committ< 
seven  on  Style  and  AiTangements  b( 
pointed  by  the  Chair,  to  whom  shall  b 
ferred  the  Constitution  as  a  whole,  t 
vise,  amend,  correct  and  have  printed! 
the  use  of  the  Convention  in  adopting 
same. 

Mr.  Smith  was  called  to  the  chair. 

Mr.  Packard  called  up  the  ordinance  I 
posed  by  him  lying  over  from  Februa! 
as  follows : 

AN  ORDINANCE. 

Wheeeas,  The  act  of  Congress 


JOUKNAL  OF  THE  CONSTITUTIONAL  CO]S"YENTION. 


219 


!l3d  of  March,  1867,  sets  forth  as  one  of  the  | 
')urpose3  of  the  assembling  of  this  Con-  i 
jrention  to  "establish  a  civil  government" 
j'or  the  State. 

Be  it  ordained  hy  ilie  people  of  the  State  of 
Louisiana  in  Gonventioii  assembled,  That  a 
Board  of  Registration  for  the  State  be  ap- 
3ointed  by  this  Convention  to  consist  of 
i^even  members  thereof,  whose  term  of  of- 
,ac«  shall  begin  with  the  adjournment  of 
|bhe  Convention  and  end  with  the  inaugura- 
ition  of  State  officers  as  provided  for  in  the 
jConstitution. 

I    Be  itfirtJier  ordained,  etc. ,  That  it  shall 
ba  the  duty  of  said  board  to  elect  a  Chair- 
;man  from  among  its  members  and  a  Secre- 
itary,  and  that  all  public  notices,  proclama- 
|tions  and  orders  shall  be   signed  by  the 
t  President,  and  attested  by  the  Secretary. 
(    Be  a  further  ordained,  etc.,   That  the 
said  board  shall  have  power  and  authority 
to  make  rules,  regulations  and  orders  con- 
cerning the  registration  of  voters,  the  du- 
ties of  registration,  the  holding  of  elections, 
the  duties  of  commissioners  of  the  respective 
polls,  the  making  of  returns  and  the  an- 
nouncement of  the  results  of  the  elections; 
'Provided,  That  such  rules,  regulations  and 
orders  shall  in  nowise  conflict -^ith  the  pro- 
>dsions  of  the  acts  known  as  the  Reconstruc- 
tion Acts,  or  with  the  schedule  or  or- 
dinance   contained    in    the  Constitution 
to    be    submitted    by  this  Convention, 
or  with  the  lawful  authority  of  the  Dis- 
trict Commander,  exercised  in  pursuance 
and  furtherance  of  said  acts  and  provisions, 
but  shall  be  in  co-operation    with  and 
furtherance  of  the  same.     Their  authority 
shall  extend  to  all  matters  of  execution  or 
detail,  not  fully  provided  for  in  said  Re- 
construction Acts  and  Constitution,  and  in 
case  of  the  non-action  of  any  officer  of  the 
State,  or  the  District  Commander,  or  any 
omission  in  carrying  out  said  laws,  regula- 
tions or  ordinances  or  details,  ' '  necessary  to 
carry  into  effeet  the  purposes  "  of  said  acts 
according  to  their  letter  and  spirit. 

Be  it  f  urther  ordained,  et-c,  That  they 
shall  be  empowered  for  the  administration 
of  oaths  of  office,  and  the  issuing  of  com- 
missions to  act  in  cases  of  vacancy,  or  the 
non-action  or  omission  to  perform  their 
duties  of  any  or  all  elective  officers. 

Be  it  further  ordained,  etc. ,  That  it  shall 
be  the  duty  of  said  board  to  fix  the  salary 
and  regulate  the  duties  of  all  officers  of 
election  ordered  to  be  held  by  the  Recon- 
stmction  Acts  and  the  Constitution,  and 
their  acts  in  pursuance  thereof  shall  be 
reamendatory  to  the  Legislature,  whose 
duty  it  shall  be  to  apx^ropriate  a  j  ast  and 
equitable  sum  in  X3ayment  of  all  salaries 
and  expenses  in  cancel. 


And  moved  to  amend  it  by  striking  out 
the  last  clause,  and  inserting : 

Be  it  further  ordained,  etc. ,  That  it  shall 
be  the  duty  of  said  board  to  fix  the  salary 
and  regulate  the  duties  of  all  officers  of 
election  ordered  to  be  held  by  the  Recon- 
struction Acts  and  the  Constitution,  and 
the  salaries  and  expenses  incurred  in  carry- 
ing this  ordinance  into  effect,  shall  be  paid 
upon  the  certificate  of  the  chairman  of  said 
committee  out  of  any  funds  raised  by  the 
Tax  Ordinance  of  this  Convention,  passed 
December  24,  1867,  not  otherwise  apj)ro- 
priated. 

Mr.  McMillen  moved  to  amend  the 
amendment  by  adding: 

Provided,  The  Board  of  Registrars  shall 
not  have  the  power  to  fix  their  salaries  at  a 
greater  sum  than  $5  per  day. 

Adopted. 

The  amendment  of  Mr.  Packard,  as 
amended  by  Mr.  McMillen,  and  reading  as 
follows: 

Beit  further  ordained,  etc.,  That  it  shall 
be  the  duty  of  said  board  to  fix  the  salary 
and  regulate  the  duties  of  all  officers  of 
election  ordered  to  be  held  by  the  Recon- 
struction Acts  and  the  Constitution,  and 
the  salaries  and  expenses  incurred  in  carry- 
ing this  ordinance  into  effect,  shall  be  paid 
ui)on  the  certificate  of  the  chairman  of  said 
committee  out  of  any  funds  raised  by  the 
Tax  Ordinance  of  this  Convention,  passed 
December  24,  1867,  not  otherwise  appro- 
priated; Provided,  The  Board  of  Registrars 
shall  not  have  the  power  to  fix  their  salaries 
at  a  greater  sum  than  $5  per  day. 

Was  adopted. 

Mr.  McMillen  moved  to  amend  the  first 
clause  by  striking  ont  **B«ven"  and  insert- 
ing three." 

Laid  on  the  table. 

Mr.  Cooley  moved  to  amend  by  striking 
out  "seven"  and  inserting  "four." 
Laid  on  the  table. 

Mr.  Rodriguez   moved  to  amend  by 
striking    out    "  seven  "    and  inserting 
"five." 
Laid  on  the  table. 

Mr.  Cooley  moved  to  take  from  the  table 
the  amendment  of  Mr.  Rodriguez. 

Pending  which  the  Convention  adjourned 
till  to-morrow  at  10  a.  m. 

A  tme  copy  : 
J  WM.  yiGERS,  Secretary, 


220  JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


SIXTY-SECOND  DAY. 
New  Oeleans,  Tuesday,  Feb.  11, 1868. 

The  Convention  met  pursuant  to  adjourn- 
ment and  was  called  to  order  by  the  Pres- 
ident at  10  o'clock  A.  M. 

Tlie  roll  was  called,  and  the  following 
members  answered  to  their  names: 

President  J.  G.  Taliaferro;  Messrs.  An- 
toine.  Baker,  Belden,  Blandin,  Bonnefoi, 
Brown,  Burrel,  Butler,  Cooley,  Crane, 
Cromwell,  Cuney,  Dearing,  Depasseau, 
Deslonde  P.  G.,  Donato,  Dupart  U.,  Ed- 
ward, Esnard,  Francois,  Fuller,  Gardiner, 
Gould,  Guichard,  Harper,  Harris,  Harri- 
son, Hiestand,  Ingraham,  Isabelle  R.  H., 
Jackson,  Jones,  Kelso,  Lange,  Leroy, 
Marie,  Martin,  Meadows,  McLeran,  Morris, 
Moses,  Murrel,  Newsham,  Oliver,  Packard, 
Pierce,  Pinchback,  Poindexter,  Pollard, 
Eeagan,  Reese,  Riard,  Riggs,  Rodriguez, 
Schwab,  Smith,  Snider,  Steele,  Underwood, 
Valfroit,  "Waples,  Wickliffe,  Williams,  Yfil- 
son — 65  members  present. 

Prayer  by  the  Rev.  Jos.  Fisk. 

The  minutes  were  read  and  aiiproved. 

ORIGINAL  EESOLUTIONS. 

Mr.  p.  G.  Deslonde  moved  that  $100  be 
donated  Rev.  Josiah  Fisk  for  his  divine  ser- 
vices in  this  body. 

Mr.  Wicklilfe  moved  to  amend  by  making 
the  sum  $200. 

Adopted. 

By  Mr.  Underwood: 

Whereas,  That  the  Assistant  Secretary 
has  absented  himself  from  this  Convention 
for  some  time;  therefore,  be  it 

Resolved,  That  the  office  of  Assistant  Se- 
cretary be  declared  vacant. 

Postponed  indefinitely. 

The  Chair  announced  the  appointment,  as 
the  Committee  on  Style  and  Arrangement, 
of  Messrs.  Wickhlfe,  Belden,  Rodriguez, 
Cooley,  Waples,  McMillen  and  Deslonde. 

By  Mr.  Blackburn: 

Resolved,  That  the  members  of  the  Print- 
ing Committee,  with  their  clerk,  to  be 
designated  by  the  President  of  the  Conven- 
tion, be  authorized  to  sit  over  for  thirty 
days,  or  so  much  of  that  time  as  may  be 
necessary,  after  the  adjournment  of  this 
Convention,  to  audit  the  accounts  for  print- 
ing and  see  that  the  same  be  properly  ad- 
justed and  cancelled.  The  same  per  diem 
to  be  allowed  as  during  the  regular  session 
of  the  Convention. 

Lies  over. 

By  Mr.  Steele: 


Whereas,  The  Reconstruction  BiU,. 
pending  in  the  Congress  of  the  Ui 
States,  provides  for  the  removal  o: 
present  district  commanders,  and  th 
pointment  of  department  commanders] 
below  the  grade  of  Colonel;  there 
be  it 

Resolved,  That  this  Convention,  as  re| 
senting  the  loyal  people  of  Louisiana, 
spectfully  requests  the  General  Comma 
ing  the  armies  of  the  United  States, 
case  the  change  is  made,  to  assign  Gent 
Joseph  A.Mower  to  the  command  of  t 
department. 

Resolved,  That  an  official  copy  of  \ 
resolution  be  immediately  forwarded 
General  U.  S.  Grant  at  Washington. 

Postponed  until  to-morrow. 

Mr.  Reagan  called  up  his  resolution  ly 
over  from  February  10,  as  follows: 

Resolved,  That  each  member  and  i 
ployee  of  this  Convention  shall  receive 
23er  cent,  over  their  per  diem,  respectiv( 
The  Warrant  Clerk  is  hereby  directed 
audit  said  allowances  and  issue  warrants 
amounts  respectively  audited. 

And  moved  to  adopt. 

Mr.  Blandin  moved  to  lay  on  the  table 

Lost — ayes  24,  nays  41 — as  follows : 

Ayes :  Bertonneau,  Blandin,  Bonne: 
Cooley,  Crane,  Crawford,  Dearing,  ] 
j)asseau,  U.  Dupart,  Esnard,  Guicha 
Jackson,  Kelso,  Moses,  Mushaway,  Pa 
ard,  Pinchback,  Poindexter,  Rodrign 
Smith,  Steele,  Underwood,  Waples,  ^ 
son — 24  yeas 

Nays  :  Antoine,  Baker,  Belden,  Bla 
burn,  Burrel,  Butler,  CromweU,  Cun 
P.  G.  Deslonde,  Donato,  Douglas,  G.  1 
parte,  Duplessis,  Francois,  Gould,  Harp 
Harris,  Hempstead,  R.  H.  Isabelle,  Lan 
Leroy,  Marie,  Martin,  Massicot,  Meado; 
Morris,  Murrel,  OUver,  Pierce,  PoUa 
Reagan,  Reese,  Riard,  Riggs,  Robei 
Schwab,  Snider,  TwitcheU,  Valfroit,  Yid 
WiUiams, — 41  nays. 

Mr.  Crawford  moved  to  amend  by  str 
ing  out  aU  after  the  word  resolved"  t 
inserting  "ninety  thousand  dollars  to  ej 
member  and  an  annual  pension  of  se-^ 
thousand  dollars." 

Laid  on  the  table. 

Mr,  Thos.  Isabelle  moved  to  amf 
by  adding: 

Provided,  That  those  only  voting  for 
tra  pay  shall  receive  it,  and  none  others. 

Lost. 

Mr.  R.  H.  IsabeUe  moved  to  amend 
adding :  | 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


221 


'  ■nvided,  That  each  delegate  be  taxed! 
cent,  on  their  warrants  for  cliarita- 
irposes. 

:     resolution    was   adopt^ed — ayes  40, 
2 — as  follows: 

Baker,  Belden,  Blackburn,  Burrel, 
veil,  Cuney,  P.  G.  Deslonde,  G.  Du- 
ll.   Dupart,    Francois,  Gardiner, 
Harper,  Harris,  H6m}3stead,  Hies- 
Ingraham,  Lange,   Leroy,  Marie, 
1,  Massicot,  McLeran,  Morris,  Moses, 
Newsham,  Oliver,  Pierce,  Pollard, 
a,  Keese,  Biggs,  Boberts,  Schwab, 
:,  Valfroit,  Yidal,  Williams — yeas  40. 

Antoine,    Bertonneau,  Blandin, 
foi,  Cooley,  Crane,  Crawford,  Dear- 
Douglas,  Duplessis,  Edward,  Esnard, 
.1,  Ferguson,  Guichard,  Harrison,  E. 
Isabelle,  Thos.  Isabelle,  Jackson,  Kelso, 
IMillen,  Mushaway,  Packard,  Pinchback, 
ndexter,    Eiard,     Eodriguez,  Smith, 
ale,    Twitchell,    Underwood,  Waples, 
■s32. 

fr.  Hempstead  moved  to  reconsider  the 
e  last  taken. 

fr.  Oliver  moved  to  lay  the  motion  to 
Dnsider  on  the  table, 
adopted. 

Ir.  Waples  moved  to  take  up  from  the 
le  the  motion  to  reconsider, 
^ending  which,  the  Convention  ad- 
rned  until  to-morrow  at  11  o'clock  a.  m., 
,  Cooley  being  then  entitled  to  the  floor. 
[l  true  copy  : 

WM.  YIGERS,  Secretary. 

SIXTY-THIED  DAY. 
S^EW  Orleans,  Wednesday,  Feb.  12,  1868. 
The  Convention  met  pursuant  to  adjourn- 
nt,  and  was  called  to   order  by  the 
isident  at  11  a,  m. 

i?he  roll  was  called  and  the  follo^\^ng 
mbers  answered  to  their  names: 
I".  G.  Taliaferro,  President ;  Messrs.  An- 
ae.  Baker,  Bertonneau,  Blackburn, 
ludin,  Bonnefoi,  Brown,  Burrel,  Cooley, 
me,  Cromwell,  Cuney,  Dearing,  Depas- 
u,  Deslonde  P.  G.,  Donato,  Douglas, 
.part  U.,  Duplessis,  Edward,  Esnard, 
mcois,  Fuller,  Ferguson,  Gair,  Gardi- 

I*,  Gould,  Guichard,  Harper,  Harris, 
mpstead,  Hiestand,  Ingraham,  Jackson, 
aes,  Kelso,  Landers,  Lange,  Leroy, 
wis  E.,  Marie,  Martin,  Meadows,  Mc- 
ran,  Morris,  Moses,  Mushaway,  New- 
im,  Oliver,  Packard,  Pierce,  Poindexter, 
hard,  Beagan,  Eeese,  Eiard,  Eiggs,  Eo- 


!  driguez,  Schwab,  Smith,  Snaer,  Snider, 
Steele,  Underwood,  Yalfroit,  Yandergriff, 
Yidal,  Y^aples,  Wickliffe,  Williams,  Y'llson, 
72  members  present. 

Prayer  by  the  Eev.  Josiah  Fisk. 
The  minutes  were  read  and  adoxDted. 

ORIGINAL  EESOLUTIONS. 

By  Mr,  Underwood: 

Resolved,  That  the  New  Orleans  Eepub- 
lican  and  Tribune  be  paid  at  the  usual 
rates  for  the  copies  of  their  respective  i^a- 
pers  ordered  by  and  furnished  to  this  Con- 
vention, and  that  the  Y^arrant  Clerk  be 
authorized  to  drav/  a  warrant  in  their  favor 
for  the  amount  due  them. 
Lies  over. 
By  Mr.  Eeagan : 

Resolved,  That  it  shall  be  the  duty,  at 
the  time  of  adjournment  of  this  Conven- 
tion, of  the  Y^arrant  Clerk  and  Secretary 
to  prepare  a  list  of  the  warrants  issued  by 
this  Convention,  to  w^hom  issued,  and  the 
amount  of  such,  which  list  shall  be  signed 
by  the  Y^arrant  Clerk  and  Secretary,  and 
furnished  by  them  to  the  Treasurer  of  the 
State. 

Lies  over. 

A  petition  by  E.  Hawking,  sergeant  of 
police,  asking  for  compensation,  was  p)re- 
sented  and  laid  on  the  table. 

Mr.  Isabelle  moved  that  a  compen- 
sation of  $100  each  be  allowed  Sergeant 
Hawking  and  private  Patrick  Meade,  of  the 
city  police,  for  their  services  in  preserving 
good  order  in  this  Convention.  Lost. 

Mr.  Waples  moved  to  suspend  the  con- 
sideration of  all  other  matters  and  p>roceed. 
to  complete  the  Constitution. 
Adopted. 

Mr.  Undervrood  moved  that  the  Com- 
mittee on   Style  and  Arrangement  have 
j  leave  to  retire. 

Laid  on  the  table. 

Mr.  Cooley  declined  to  serve  upon  the 
committee. 

Mr.  Crawford  moved  that  the  Committee 
on  Style  and  Arrangment  be  instructed  to 
report  such  amendments  and  verbal  altera- 
tions as  they  may  find  necessary  to  com- 
plete and  harmonize  the  articles,  to  the 
Convention  for  its  action.  Adopted. 

The  Convention  adjourned  until  to-mor- 
row at  11  o'clock  A.  M. 
A  true  copy: 

Y^M.  YIGEES,  Secretary. 


222 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


SIXTY-FOUETH  DAY. 
New  Orleans,  Thursday,  Feb.  13, 1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  11  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

J.  G.  Taliaferro,  President;  Messrs.  Ba- 
ker, Blackburn,  Biandin,  Bonnefoi,  Brown, 
Burrel,  Butler,  Cooley,  Crane,  Crav/ford, 
Cromwell,  Guney,  Bearing,  Depasseau,  Do- 
nato,  U.  Dupart,  Duplessis,  Edward,  Es- 
nard,  Francois,  Fuller,  Ferguson,  Gair, 
Gardiner,  Gould,  Guichard,  Harper,  Harris, 
Harrison,  Hiestand,  Ingraham,  E.  H.  Isa- 
belle,  Thos.  Isabelle,  Jackson,  Jones,  Kel- 
so, Landers,  Lange,  Leroy,  Martin,  Mea- 
dows, Morris,  Moses,  Murrel,|Mushaway, 
Myers,  Oliver,  Packard,  Pierce,  Poindex- 
ter,  Pollard,  Eeagan,  Eeese,  Eiard,  Eiggs, 
Schwab,  Smith,  Snaer,  Snider,  Steele, 
Twitchell,  Underwood,  Yalfroit,  Vander- 
griff,  Waples,  Wickliffe,  Williams,  Wilson — 
69  members  present. 

The  minutes  were  read  and  adopted. 

OBIGINAL  BESOLUTIONS. 

By  Mr.  Cromwell : 

Resolvedy  That  the  following  be  an  article 
in  the  Constitution  of  the  State  of  Louis- 
iana : 

No  person  shall  be  eligible  for  State 
or  municipal  office  who  has  not  the 
qualifications  required  in  a  voter  for  mem- 
bers of  this  Convention.  But  the  Legis- 
lature may,  by  a  vote  of  two-thirds  of  each 
House,  remove  such  disability. 

Lies  over. 

By  My.  Cooley: 

Resolved,  That  the  Warrant  Clerk  is 
authorized  to  issue  warrant  in  favor  of 
Joseph  Camart,  for  pay  as  Page  to  this 
Convention,  from  the  second  December, 
1867,  deducting  therefrom  the  sum  of 
twelve  dollars  already  paid  him  for  special 
services. 

Who  moved  to  suspend  the  rules  to  place 
it  upon  its  final  passage.  The  motion  pre- 
vailed and  the  resolution  was  adopted. 

By  Mr.  Blackburn : 

Art.  — .  Every  head  of  a  family  in  this 
State  shall  be  entitled  to  hold  in  his  or  her 
own  right,  property  to  the  amount  of  $1000, 
which  shall  be  exempt  from  seizure  and 
sale  under  legal  process,  for  any  obligation 
incurred  after  the  adoption  of  this  Consti- 
tution. Said  exemption  to  consist  of  such 
property  as  may  be  designated  by  the  party 
interested,  and  to  be  appraised  |by  three 
disinterested  parties, 


Eeferred  to  the  Committee  on  Style  a| 
Arrangement. 

UNFINISHED  BUSINESS. 

Mr.  Waples'  motion  to  take  from  ti 
table  the  motion  of   Mr.  Hempstead 
reconsider  the  vote  upon  Mr.  Eeagan's 
per  cent,  additional  pay  to  the  memb 
and  employees  being  under  consideratio] 

Mr.  Smith  v/as  called  to  the  chair. 

The  motion  of  Mr.  Waples  was  lost— aj 
24,  nays  40 — as  follows : 

Yeas  :    Antoine,   Bertonneau,  Bland 
Cooley,     Crane,     Crawford,  Depassej 
Douglas,  Duplessis,  Edward,  Fuller,  F 
guson,  Isabelle  E.  H.,  Isabelle  Thos.,  Jacl 
son,  Jones,  Kelso,  Myers,  Packard,  Pinci 
back,  Eodriguez,  Smith,  Steele,  Tinchani 
Waples — 24  yeas. 

Nays:  Baker,  Belden,  Blackburn,  Browi 
Burrel,  Cromwell,  Cuney,  Dupart  U. ,  Frai 
cois,  Gair,  Gardiner,  Harper,  Harris 
Hempstead,  Hiestand,  Ingraham,  Landeri 
Lange,  Leroy,  Marie,  Martin,  Massicoi 
Meadows,  McLeran,  Morris,  Moses,  Murrei 
Oliver,  Pierce,  Poindexter,  PoUard,  Eeagar 
Eeese,  Eiggs,  Eoberts,  Schwab,  Snaei 
Snider,  Valfroit,  Williams — 40  nays. 

Mr.  Waples  moved  to  repeal  the  ord: 
nance  providing  for  30  per  cent,  additionj 
pay  to  the  members  and  employees. 

Mr.  Tinchant  raised  the  point  of  orde 
that  the  motion  of  Mr.  Waples  should  li 
over  for  two  days  and  be  printed,  and  i 
not  in  order  now  for  discussion. 

The  Chair  decided  that  the  point  c 
order  was  not  well  taken. 

Mr.  Tinchant  appealed. 

The  Chair  was  not  sustained,  and  tl 
motion  of  Mr.  Waples  lies  over. 

Mr.  WajDles  gave  notice  that  he  would  ii 
troduce  a  resolution  to  repeal  the  resoli 
tion  of  Mr.  Eeagan  and  show  its  true  cha; 
acter  to  the  public. 

Mr.  Cooley's  motion  to  take  from  the  i\ 
ble  the  amendment  of  Mr.  Eodriguez  t 
the  ordinance  proposed  by  Mr.  Packar 
coming  up  for  consideration,  the  motion  \ 
take  from  the  table  was  lost. 

The  question  recurred  upon  the  adoptio 
of  the  ordinance  proposed  by  Mr.  Packai 
as  previously  amended,  and  reading  as  fo 
lows: 

AN  OBDINANCB. 

Whekeas,  The  act  of  Congress  of  tl: 
23d  of  March,  1867,  set§  forth  a«  one  of 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


223 


OSes  of  the  assembling  of  this  Con- 
on  to  "establish  a  civil  government  " 
le  State. 

it  ordained  hy  the  people  of  the  State  of 
^iana  in  Convention  asaemhled,  That  a 
d  of  Registration  for  the  State  be  ap- 
:ed  by  this  Convention,  to  consist  of 
1  members  thereof,  whose  term  of  office 
begin  v.ith  the  adjournment  of  the 
Lmtion  and  end  with  the  inauguration 
:ite  officers  as  provided  for  in  the  Con- 
ion. 

"further  ordained,  e/cThatit  shall  be 
Mty  of  said  board  to  elect  a  chairman 
■mong  its  members  and  a  Secretary, 
iiat  all  j)ublic  notices,  proclamations 
orders  shall  be  signed  by  the  President, 
attested  by  the  Secretary. 
le  it  furtlier  ordained,    etc.,    That  the 
I  board  shall  have  power  and  authority 
make  rules,  regulations  and  orders  con- 
aing  the  registration  of  voters,  the  du- 
of  registration,  the  holding  of  elections, 
duties  of  commissioners  of  the  respective 
s,  the  making  of  returns  and  the  an- 
mcement  of  the  results  of  the  elections; 
ovided,  That  such  rules,  regulations  and 
iers  shaU  in  nowise  conflict  with  the  pro- 
ions  of  the  acts  known  as  the  Reconstruc- 
Acts,    or  -vvith   the   schedule  or  or- 
lance  contained  in  the  Counstitution  to 
submitted    by    this    Convention  or 
h  the  lawful    authority  of    the  Dis- 
3t  Commander,  exercised  in  pursuance 
i  furtherance  of  said  acts  and  provisions, 
t  shall  be  in  co-operation  with  and  fur- 
rance  of  the    same.    Their  authority 
ill  extend  to  all  matters  of  execution  or 
iail,  not  fully  provided  for  in  said  Re- 
Qstruction  Ads  and  Constitution,  and  in 
je  of  the  non-action  of  any  officer  of  the 
ite,  or  the  District  Commander,  or  any 
lission  in  carrying  out  said  laws,  regula- 
ns  or  ordinances  or  details,  '"'necessary  to 
rry  into  effect  the  purposes"  of  said  ac"3 
cording  to  their  letter  and  spirit. 
Be  it  further   ordained,  etc.,    That  they 
all  be  empowered  for  the  administration 
oaths  of  office,  and  the  issuing  of  com- 
issions  to  act  in  cases  of  vacancy,  or  the 
m-action  or  omission  to   perform  their 
ities  of  any  or  all  elective  officers. 
Be  if  further  ordained,  etc.,  That  it  shall 
the  duty  of  said  board  to  fix  the  salary 
id  regulate  the  duties  of    all  officers 
election  ordered  to  be  held  by  the 
econstruction  Acts  and  the  Constitution, 
id  the  salaries  and  expenses  incurred  in 
trrying  this  ordinance  into  effect,  shall 
^   paid  upon  the  cei-tificate  of  the  chair- 
'.an  of  said  committee  out  of  any  funds 
jiised  by  the  Tax  Ordinance  of  this  Con- 
antion,  passed  December  24,  1867,  not 
Provided^  The 


^iierwise   appropriated ; 


Board  of  Registrars  shall  not  have  the 
power  to  fix  their  salaries  [at  a  greater  sum 
than  five  dollars  per  day. 

Which  was  adopted — ayes  36,  nays  18 — as 
follows : 

Ayes:  Baker,  Belden,  Bertonneau,  Blan- 
din,  Cromwell,  Douglas.  Duplessis,  Fran- 
cois, Gair,  Harper,  Harris,  Hempstead, 
Hiestand,  R.  H.  Isabelle,  Jones,  Landers, 
Leroy,  Marie,  Massicot,  Meadows,  iVlc- 
Lerau,  Morris,  Moses,  Murrel,  Newsham, 
OKver,  Packard,  Pinchback,  Pollard,  Rea- 
gan, Reese,  Riggs,  Schwab,  Vidal,  Williams, 
Wilson— 36. 

Nays:  Cooley,  Crane,  Crawford,  D earing, 
Depasseau,  G."  Duparte,  U.  Dupart,  Ed- 
ward, Thos.  Isabelle,  Mushaway,  Myers, 
Rodi'iguez,  Smitli,  Snider,  Steele,  Tinchant, 
Yalfroit,  Yv'aples — 18. 

Mr.  Meadows  moved  to  take  from  the 
table  the  resolution  of  Mr.  Burrel,  offered 
January  31. 

Mr.  Tinchant  moved  to  lay  the  motion 
to  take  from  the  table  on  the  table. 

Adopted. 

Mr.  Belden,  on  the  part  of  the  Commit- 
tee on  City  Charter,  reported  progress. 

Mr.  Cooley  moved  to  discharge  the  com- 
mittee from  the  further  consideration  of  the 
subject. 

3tlr.  Crawford  moved  to  amend  by  r^- 
peahng  the  resolution  authorizing  the  ap- 
pointment of  the  committee,  wliich  was  ac- 
cepted by  the  mover. 

Mr.  Hempstead  was  called  to  the  chair. 

Mr.  Bertonneau  moved  the  previous 
question. 

The  Chair  decided  the  motion  not  now  in 
order. 

Mr.  Bertonneau  appealed. 

The  Chair  was  not  sustained. 

The  previous  question  was  not  demanded 
by  a  majority  of  the  delegates. 

The  motion  of  Mr.  Cooley,  as  amended 
by  Mr.  Crawltord,  was  adopted. 

Mr.  Steele  called  up  his  resolution  lying 
over  from  February  11,  as  follows  : 

Wheeel^s,  The  Reconstruction  Bill,  now 
pending  in  the  Congress  of  the  United 
States,  provides  for  the  removal  of  the 
present  district  commanders,  and  the  ap- 
pointment of  depiirtment  commanders,  not 
below  the  grade  of  Colonel  ;  therefore, 
be  it 

Resolved,  That  this  Convention,  a-s  repre- 
senting the  loyal  people  of  Louisiana,  re* 


224 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


spectfnlly  requests  tlie  General  Command- 
ing the  armies  of  the  United  States,  in 
case  the  change  is  made,  to  assign  General 
Joseph  A.  Movy'er  to  the  command  of  this 
dei^artment. 

Resolved,  That  an  official  copy  of  this 
resolution  be  immediately  forwarded  to 
General  U.  S.  Grant,  at  Washington. 

Mr.  Tinchant  moved  to  lay  on  the  table. 

Lost. 

Mr.  Packard  moved  to  amend  by  strik- 
ing out  the  words  "Joseph  A.  Mower," 
and  inserting  the  words  "Major  General 
Philip  H.  Sheridan." 

Mr.  Steele  moved  to  lay  the  amendment 
on  the  table. 

Lost. 

The  amendment  was  adopted. 

The  resolution,  as  amended,  and  reading 
as  f oUows,  was  adopted : 

Wheeeas,  The  Keconstruction  Bill,  now 
pending  in  the  Congress  of  the  United 
States,  provides  for  the  removal  of  the 
present  district  commanders,  and  the  ap- 
pointment of  department  commanders,  not 
below  the  grade  of  Colonel ;  therefore, 
be  it 

Eesolved,  That  this  Convention,  as  repre- 
senting the  loyal  j^eople  of  Louisiana,  re- 
spectfully requests  the  General  Command- 
ing the  armies  of  the  United  States,  in  case 
the  change  is  made,  to  assign  Major  Gen- 
eral Philip  H.  Sheridan  to  the  command  of 
this  department. 

Resolved,  That  an  official  copy  of  this 
resolution  be  immediately  forwarded  to 
General  U.  S.  Grant,  at  Washington. 

The  Convention  adjourned  until  to-mor- 
row at  10  A.  M. 

A  true  copy: 

WM.  VIGEES,  Secretary. 

SIXTY-FIFTH  DAY. 
New  Oeleans,  Friday,  Feb.  14,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Secre- 
tary in  the  absence  of  the  President. 

Mr.  Eeagan  was  called  to  the  chair. 

The  roll  was  called,  and  the  following 
members  answered  to  their  names : 

Messrs.  Baker,  Belden,  Bertonneau, 
Blackburn, I Blandin,  Bonnefoi,  Burrel,  But- 
ler. Cooley,  Crane,  Crawford,  Cromwell, 
Dearing,  Depasseau,  Donato,  Douglas, 
G.  Duparte,  tJ.  Dupart,  Edward,  Francois, 
Fuller,  Gardiner,  Guichard,  Harper,  Harris, 
Hiestand,  Ingraliam,  T.  Isabelle,  Jones, 
Kelso,  Landers,  Lange,  Leroy,  E.  Lewis, 


Marie,Martin,Massicot,  Meadows,  McLerali, 
McMilleu,  Morris,  Moses,  Murrel,  Musha- 
way,  Myers,  Oliver,  Packard,  Pierce,  Poin^ 
dexter.  Pollard,  Eeagan,  Eiard,  Eiggs, 
Eoberts,  Eodriguez,  Schwab,  Snider,  Steele, 
Underwood,  Valfroit,  Vandergriif,  WajDles, 
Wickliffe,  Williams,  Wilson — 65  members 
present. 

Prayer  by  the  Eev.  Josiah  Fisk.  ■ ; 

The  minutes  were  read  and  adopted. 

OEIGINAIi  EESOLUTIONS. 

By  Mr.  Blackburn: 

Resolved,  That  the  Committee  on  Style 
and  Arrangement  be  requested  to  strike  the 
word  "male"  from  the  first  article  of  the 
Constitution,  under  the  head  of  General 
Provision  s. 

Eeferred  to  Committee  on  Style  and  Ar- 
rangement. 

By  Mr.  Waples : 

Wheeeas,  Early  in  the  session,  the  Con- 
vention adopted  a  resolution  fixing  the  daily 
compensation  of  the  members  and  officers 
thereof ;  and,  without  reconsidering  said 
resolution,  the  members  have  voted  them- 
selves recently  an  additional  compensa- 
sation  of  thirty  per  cent.,  thus  increas- 
ing their  pay  to  thirteen  dollars  per  day; 
and. 

Whereas,  The  tax  levied  ought  in  good 
faith  to  be  applied,  first  to  the  payment 
of  the  members,  officers  and  employees, 
(including  the  Official  Printer,  elected  by 
ballot,)  according  to  the  rates  fixed  when 
the  tax  was  ordainsd  ;  and, 

Wheeeas,  It  would  be  manifestly  unjust 
to  the  present  holders  of  warrants  to  have 
their  value  diminished  by  issuing  the  pro- 
posed new  ones  before  the  former  have  been 
paid;  therefore,  be  it 

Resolved,  That  no  warrant  shall  be  issued 
for  the  payment  of  the  additional  compen- 
sation until  all  the  members  and  officers,, 
including  the  regularly  elected  Official 
Printer,  shall  have  been  paid  the  rates 
originally  established. 

Who  moved  to  suspend  the  rules  to  place 
it  upon  its  passage. 

The  rules  were  suspended  and  the  reso- 
lution was  laid  on  the  table. 

By  Mr.  Waples: 

Wheeeas,  The  resolution  increasing  the 
pay  of  members  to  thirteen  dollars  per 
day  is  unusual,  extravagant  and  unjust  to 
the  State;  therefore 

Resolved,  That  the  resolution  be,  and  is 
hereby  repealed. 

Mr.  WickUflfe,  on  the  part  of  the  Commit- 
tee on  Style  and  Arrangement,  reported 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


225 


Drpgress,  and  expected  to  submit  a  final 
report  in  print  on  Monday  next. 

Mr.  Smith  moved  to  suspend  the  rules 
to  place  the  resolution  of  Mr.  Waples,  last 
offered,  ujDon  its  jjassage. 
Adopted. 

Mr.  Gair  moved  to  x)ostpone  indefinitely 
the  resolution. 
Adopted — ayes  38,  nays  28 — as  follows: 
Yeas:  Baker,  Belden,  Blackburn,  Burrel, 
Butler,  CromVell,  Donato,  G.  Duparte,  U. 
Dupart,  Francois,  Gair,  Harper,  Harris, 
EemiDstead,  Hiestand,  IngTaham,  Landers, 
Lange,  Leroy,  J.  B.  Lewis,  Martin,  Massi- 
3ot,  Meadows,  McLeran,  Morris,  Murrel, 
S'ewsham,  Oliver,  Pierce,  Pollard,  Beagan, 
Reese,  Riggs,  Schwab,  Snider,  Yalfroit, 
WTilHams,  Wilson— 38. 

Nays:  Antoine,  Bertonneau,  Blaudin, 
Bonseigneur,  Bonnefoi,  Cooley,  Crane, 
Crawford,  Depasseau,  Douglas,  Duplessis, 
Edward,  Esnard,  Fuller,  Ferguson,  R.  H. 
[sabelle,  Tlios.  Isabelle,  Jackson,  Jones, 
Kelso,  Moses,  Myers,  Packard,  Pinchback, 
Rodriguez,  Smith,  Steele,  TwitcheU,  Wa- 
Dles— 28. 

Mr.  Hempstead  moved  to  reconsider  the 
rote  upon  the  adoption  of  Mr.  Steele's  reso- 
.ution  of  yesterday. 

Mr.  Rodriguez  moved  to  lay  the  motion 
;o  reconsider  on  the  table. 
Adopted, 

The  Convention  adjourned  till  Monday 

&t  10  A.  M. 

A  true  copy : 

WM.  TIGERS,  Secretary. 

SIXTY-SIXTH  DAY. 
New  Orleans,  Monday,  Feb.  17,  1868. 
The  Convention  met  iDursuant  to  adjourn- 
ment  and  was  called  to  order  by  the  Presi- 
ifint  at  10  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  An- 
lioine,  Baker,  Belden,  Bertonneau,  Blandin, 
Bonnefoi,  Cooley,  Crane,  Cromwell,  Cuney, 
Dearing,  Depasseau,  Donato,  G.  Duparte, 
tJ.  Dupart,  Duplessis,  Esnard,  Francois, 
Puller,  Ferguson,  Gardiner,  Guichard, 
Barper,  Harris,  Harrison,  Hiestand,  Ingra- 
liam,  Jackson,  Jones,  Kelso,  Landers, 
Lange,  Leroy,  J.  B.  Lewis,  R.  Lewis, 
Martin,  Massicot,  Meadows,  McLeran, 
Moses,  Murrel,  Mushaway,  Myers,  Oliver, 
Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Reese,  Riggs,  Rodriguez, 
16 


I  Smith,  Snaer,  Steele,  Thibaut,  T^^itchell, 
Underwood,  Yalfroit,  Waples,  Williams, 
Wilson — 64  members  present. 

The  minutes  Avere  read  and  adopted. 

ORIGINAL  EESOLrTIONS. 

By  Mr.  Cooley: 

Be  it  ordained   hy  the  Conr-titvlioncd  Coii' 
rentioii  of  the  State  of  Loui^<:ana,  That  the 
tax  iDayers  of  the  city  of  New  Orleans,  Or- 
leans right  bank,  and  parish  of  Jefferson, 
have  until  the  first  of  ZMarcli  next  to  pay 
the  tax  of  one  mill  per  cent. ,  levied  by  ordi- 
!  nance  of  the  Convention  oi'  dr.te  December 
'  24,  1867;  and  that  fr.-  ni  and  ritier  said  first 
!  of  March,  1868,  the  additional  taxes  levied 
!  as  a  penalty  by  subsequent  ordinances  shall 
j  be  exacted  by  the  different  tax  collectors 
\  or  Sherifi's  of  the  above  named  XDiaces. 
j     Be  it  further  ordained,  etc.,    That  said 
I  tax  collectors  and  sheriffs  are  authorized 
;  to  pay,  oat  of  any  mone^^s  in  their  handa 
and  belonging  to  the  Convention  tax,  all 
bills  which  may  be  contracted  by  them  for 
advertising  the  sale  of  x^roperty  of  dehn- 
i  quent  tax  i^ayers,  as  provided  by  ordinance 
!  of  January  4 ,  1868,  and  said  bills  shall  be 
received  by  the  Auditor  of  Public  Accounts 
in  settlement  mth  them. 

Be  it  further  o'rdained,  etc. ,   That  the  said 
tax  collectors  are  authorized  to  receive  in 
payment  of  the  tax  aforesaid,  warrants 
issued  by  the  Convention,  other  than  those 
given  to  members  and  officers;  Provided, 
I  Said  warrants  are  oftered  by  the  persons 
I  to  whom  they  were  issued  and  for  their  in- 
'  dividual  tax  or  taxes. 

Be  it  further  ordained,  etc., That  theWarranfc 
Clerk  issue  in  favor  of  the  Auditor  of 
PubKc  Accounts  and  Treasurer  of  the 
State,  warrants  for  the  sum  of  five  hun- 
dred dollars  to  each,  as  a  compensation  for 
the  extra  labor  imposed  upon  them  by  the 
ordinances  of  the  Convention. 

Who  moved  to  suspend  the  rules  to  place 
it  upon  its  passage. 
Adopted. 

Mr.  Hai*per  moved  to  amend  by  striking 
out  the  words  city  of  New  Orleans,  Or- 
leans, right  bank,  and  parish  of  Jefferson,'* 
and  inserting  the  words  "of  this  State." 

Lost. 

The  question  recurring  upon  the  ordi- 
nance as  proposed  by  Mr.  Cooley,  it  was 
adopted. 

By  Mr.  Blackburn : 

Resolved,  That  the  Sheriffs  of  the  various 
parishes  of  the  State,  the  parish  of  Orleans 
excepted,  shaU  be  and  are  hereby  authorized 
to  redeem  the  warrants  of  their  respective 
delegates;  which  warrants  shall  be  received 


226 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


from  said  Sheriffs  at  tlie  State  Treasury  at 
X)ar,  as  so  mucli  Convention  tax  paid.  This 
provision  to  take  effect  from  and  after  the 
adjournment  of  this  Convention. 
Xiies  over. 

By  Mr.  Thos.  Isabelle: 

Resohed,  That  from  and  after  the  18th 
day  of  February,  1868,  the  members  of 
this  Convention  shall  not  receive  per 
diem. 

Mr.  Moses  moved  to  lay  on  the  table. 
Adopted — ayes  34,  nays  27 — as  follows: 

Yeas:  Baker,  Blackburn,  Crane,  Crom- 
well, Cuney,  Donato,  U.  Dupart,  Francois, 
Gardiner,  Harris,  Hempstead,  Jones,  Lan- 
ders, Lange,  Leroy,  J.  B.  Lewis,  Bichard 
Lewis,  Martin,  Morris,  Moses,  Murrel, 
Oliver,  Pierce,  Pollard,  Keagan,  Biggs, 
Boberts,  Bodriguez,  Schwab,  Valfroit, 
Williams,  Wilson — 34. 

Nays:  Antoiue,  Belden,  Bertonneau, 
Blandin,  Bonneioi,  Brown,  Cooley,  Craw- 
ford, Bearing,  Douglas,  Esnard,  Harper, 
1^..  H.  Isabelle,  Thos.  Isabelle,  Jackson, 
Kelso,  Lynch,  Meadows,  McMillen,  Myers, 
Packard,  Pinchback,  Biard,  Tinchant, 
Tmtchell,  Underwood,  Waples — 27. 

Mr.  Beagan  called  up  his  resolution  of 
February  12,  as  follows: 

Resolved,  That  it  shall  be  the  duty 
at  the  time  of  adjournment  of  this  Con- 
vention of  the  Warrant  Clerl?  and  Sec- 
retary to  prepare  a  list  of  the  warrants 
issued  by  the  Convention,  to  whom  issued, 
and  the  amount  of  such,  which  list  shall 
be  signed  by  the  Warrant  Clerk  and  Sec- 
retary and  furnished  by  them  to  the  Treas- 
ta'er  of  the  State. 

And  moved  to  adoj^t. 

Adopted. 

Mr.  Bertonneau  moved  that  the  Conven- 
tion adjourn  sine  die  on  Thursday,  Febru- 
aiy  20,  1868. 

Laid  on  the  table. 

Mr.  Cooley  called  up  the  subject  of  the 
memorial  of  the  Constitutional  Conven- 
tion of  Georgia,  and  moved  to  adopt 
liis  resolution  in  reference  thereto,  as  follows : 

Hesolved,  That  this  Convention  indorses 
the  action  of  the  Georgia  Convention  in 
presenting  a  memorial  to  Congress  asking 
for  a  loan  of  thirty  millions  by  the  General 
Government  to  the  people  of  the  Southern 
States;  and  that  it  also  i)rays  Congress  to 
pass  an  act  granting  the  relief  asked  in  the 
Georgia  memorial. 

Mr.  Tinchant  moved  to  postpone  in- 
definitely. 


Pending  which  the  Convention  adjourned 
till  to-morrow  at  10  a.  m. 

A  true  coj^y:  * 
WM.  VIGEBS,  Secretary, 

SIXTY-SEYENTH  DAY. 

New  Okleans,  Tuesday,  Feb.  18,  1868.  ' 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  10  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  Ba^ 
ker,  Bertonneau,  Blackburn,  Blandin,^ 
Bonnefoi,  Brown,  Butler,  Cooley,  Crane, 
Cromwell,  Cuney,  Bearing,  Demarest,  Be-' 
passeau,  P.  G.  Deslonde,  Donato,  Douglas, 
U.  Dupart,  Esnard,  Francois,  Ferguson,! 
Gardiner,  Guichard,  Harris,  Hempstead, 
Hiestand,  Ingraham,  T.  Isabelle,  Jouesi 
Kelso,  Landers,  Lange,  Leroy,  J.  B. 
Lewis,  B.  Lewis,  Marie,  Massicot,  Mea-; 
dows,  Morris,  Moses,  Myers,  Packard,! 
Pierce,  Poindexter,  Pollard,  Beagan, 
Beese,  Biard,  Biggs,  Bodriguez,  Schwab, 
Snaer,  Thibaut,  Tinchant,  Twitchell,  Un-^ 
derwood,  Valfroit,  Wickliffe,  Williams, 
Wilson — 61  members  present. 

Prayer  by  the  Bev.  Josiah  Fisk. 

The  minutes  were  read  and  adopted.  ' 

ORIGINAL  KESOLUTIONS.  ; 

By  Mr.  Marie  : 

Wheeeas,  It  is  essential  to  the  com^ 
merce  of  the  State  of  Louisiana,  and,  id 
the  interest  of  the  freedmen,  the  poor  and| 
needy  of  the  country  parishes,  that  a  stands 
ard  of  weights  and  measures  be  estabhshe^ 
by  law  in  said  parishes;  be  it 

Resolved,    That  it  shall  be  the  duty  or^ 
the  Legislature,  under  this  Constitution,  I 
to  enact  a  law  to  the  effect  that  every 
parish  Judge  shall  procure  at  the  expense  i 
of  the  State  a  set  of  weights  and  measures 
and  a  stamp,  to  serve  as  a  general  standard  , 
of  weights  and  measures,  accordiDg  to  law, 
and  forbidding  any  person  to  buy  or  sell 
any  commodity  whatever,  by  weight  and 
measures,  wliich  do  not  correspond  with 
the  standard  established  by  law,  under 
penalty  of  fine  and  seizure  of  all  deficient 
weights  and  measures,  said  fines  to  be  re- 
covered before  any  court  of  competent 
jurisdiction,   for  the  benefit  of  the  in- 
former. 

Lies  over. 

By  Mr.  Deslonde: 

Resolved,  That,  as  it  is  necessary  to  the 
proper  transaction  of  business  by  this  body 
that  tranquility  shall  prevail,  it  is  ordered 


JOURNAL  OF  THE  CONSTITUTIONAL  CON^^ENTION. 


227 


by  tlie  Convention  that  all  workmen  shall 
be  remoYed  from  the  hall. 
Laid  on  the  table. 

The  Gas  Light  Company  presented  a 
bill  for  8100  31,  which  was  referred  to  the 
Committee  on  Contingent  Expenses. 

Mr.  Underwood  called  up  his  resolution 
lying  over  from  February  12,  as  follows : 

Resolved,  That  the  New  Orleans  Repub- 
lican and  Teibune  be  paid  at  the  usual 
rates  for  the  copies  of  their  respectiye  pa- 
pers ordered  by  and  furnished  to  this  Con- 
Tention,  and  that  the  Warrant  Clerk  be 
authorized  to  draw  a  waiTant  in  their  favor 
for  the  amount  due  them. 

And  moved  to  adopt. 

Mr.  Lange  moved  to  strike  out  the  word 
«'Tbibu^-e." 

Laid  on  the  table. 

Mr.  Hempstead  moved  to  lay  the  resolu- 
tion on  the  table. 
Lost. 

The  resolution  was  adopted — ayes  46, 
nays  22 — as  follows : 

Yeas:  Baker,  Belden,  Bertonneau,  Black- 
burn, Bonnefoi,  Butler,  Crane,  Cromwell, 
Demarest,  Donato,  Douglas,  Gr.  Duparte, 
U.  Dupart,  Duplesnis,  Esnard,  Guichard, 
Harris,  Hempstead,  Ingraham,  Jones, 
Landers,  Lange,  Leroy,  Richard  Lewis, 
Martin,  Meadows,  Morris,  Moses,  Murrel, 
Myers,  Oliver,  Packard,  Pierce,  Reagan, 
Riard,  Roberts,  Rodriguez,  Schwab,  Snaer, 
Thibaut,  Tinchant,  Twitchell,  Underwood, 
Valfroit,  Wiekliffe,  Williams— 46. 

Nays:  Antoine,  Biandin,  Brown,  Cooley, 
Crawford,  Cuney,  Dealing,  P.  G.  Deslonde,  j 
Ferguson,  Gardiner,    Harper,  Thos.  Isa-  i 
belle,  Kelso,  Massicot,  McMillen,  Piucli- 
back,  Poindexter,  Pollard,  Riggs,  Smith,  , 
Steele,  Waples— 22.  | 

Mr,  Hempstead  moved  to  reconsider  the 
vote  last  taken, 

Mr.  Underwood  moved  to  lay  the  resolu- 
tion on  the  table. 

Adopted. 

Mr.  Cooley  moved  to  take  the  motion  to 
reconsider  from  the  table. 
Lost. 

The  Committee  on  Contingent  Expenses 
submitted  the  following  report: 

New  Orleans,  February  17,  1868. 

To  the  President  and  Members  of  the  Louisiana  Stat« 
Constitutional  Convention : 

Gentlemex — Your  Committee  on  Con- 
tingent Expenses  beg  leave  to  report  the 
following  stationery  biUsj  ordered  hj  and 


!  for  the  committees  and  Secretary,  amount* 
I  iug  to  one  hundred  and  lifty  dollars  and 
ninetv-five  cents,  ($150  95)  from  B.  Bloom- 
1  field. 

j    We  respectfully  recommend  that  the  said 
I  bills  be  paid  by  the  issue  of  warrants  for 
the  same. 

Yery  respectfully, 

S.  Belden, 
Chairman  pro  tern,  of  the  Contingent  Ex- 
penses Committee. 

The  report  was  received  and  the  biU  or- 
dered to  be  paid. 

The  Committee  on  Style  and  Arrange- 
ment, through  Mr.  Wickhffe,  Chairman, 
submitted  the  following  report  : 

New  Okleans,  February  14,  1868. 

To  tlie  President  and  Members  of  tlie  Constitutional 
Convention : 

Gentlemen — Tour  "Committee  on  Style 
and  Arrangements,"  to  M'hom  was  referred 
the  Constitution  for  revision,  amendments 
and  arrangements,  resi3ectfully  beg  leave 
to  make  the  following  report: 

They  have  completed  their  labors,  and 
have  forwarded  the  manuscript  to  the 
Official  Printer,  in  accordance  with  the  reso- 
lutions of  your  honorable  body,  and 
ordered  two  hundred  copies  printed. 

They  have  also  furnished  the  Printer 
vdth  the  follo"«dng  proposed  alterations  and 
amendments,  in  accordance  ^ith  resolu- 
tions passed  by  this  Convention  to  that 
effect,  and  ordered  one  hundred  copies 
printed. 

1.  The  preamble  prefixed  to  the  Consti- 
tution, the  Convention  having  failed  to 
adopt  a  preamble. 

2.  An  alteration  in  the  verbiage  of  the 
article  11th  of  "BiU  of  Rights." 

3.  A  fevN-  verbal  alterations  and  amend- 
ments to  article  lotli  of  "  Bill  oi  Rights." 

4.  The  cliaiip.ing  of  the  term  "General 
Assembly"  to  "Legislature"  thrtjimliout  the 
Constitution,  as  being  more  eoiisi.- rent  with 
modern  usage,  and  to  make  tlie  Constitu- 
tion consistent  in  this  respect  with  the  Lxws 
of  the  State  ah-eady  in  use,  and  retained  by 
this  Constitution. 

5.  An  amendment  to  article  98,  providing 
for  eight  district  coiu'ts  in  New  Orleans  and 
the  jurisdiction  of  the  same. 

6.  Under  the  head  of  the  "Judiciary" 
the  following  article,  pro\iding  for  the  ju- 
dicial districts  of  the  Stiite,  is  respectfully 
submitted  as  being  essential : 

Art.  — .  Until  otherwise  pro^-ided  by  the 
Legislature,  the  State  shah  be  divided  inta 
the  following  judicial  districts  : 

First — The  city  and  parish  of  New  Or- 
leans, and  the  parishes  of  Jefferson  and  St. 
Charles  shall  compose  the  First  District. 


228 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Second — The  parishes  of  St.  Bernard  and ' 
Plaquemines  shall  compose  the  Second  Dis- 
trict. 

Third— The  parishes  of  St.  John  the 
Baptist,  St.  James  and  Assumption  shall 
compose  the  Third  District. 

Eourth — The  parishes  of  Lafourche  and 
Terrebonne  shall  compose  the  Fourth  Dis- 
trict. 

Fifth — The  parishes  of  Ascension  and 
Livingston  shall  comj)ose  the  Fifth  Dis- 
trict. 

Sixth — The  parishes  of  East  and  West 
Baton  Eouge  shall  compose  the  Sixth  Dis- 
trict. 

Seventh — The  parishes  of  East  Feliciana 
and  St.  Helena  shall  compose  the  Seventh 
District. 

Eighth — The  parishes  of  Washington 
and  St.  Tammany  shall  comj)Ose  the  Eighth 
District. 

Ninth — The  parishes  of  West  Feliciana 
and  Pointe  Coupee  shall  compose  the  Ninth 
District. 

Tenth — The  i^arishes  of  Iberville,  St. 
jMartin  and  Lafayette  shall  compose  the 
Tenth  Districf-. 

Eleventh — The  parishes  of  St.  Mary  and 
Yermiilion  shall  comi30se  the  Eleventh  Dis- 
trict. 

Twelfth — The  parishes  of  Calcasieu  and 
St.  Landry  shall  compose  the  Twelfth  Dis- 
trict. 

Thirteenth  —  The  parishes  of  Rapides, 
Avoyelles  and  Scibine  shall  compose  the 
Thirteenth  District. 

Fourteenth  —  The  parishes  of  Natchi- 
toches, Catahoula  and  Union  shall  compose 
the  Fourteenth  District. 

Fifteenth  —  The  parishes  of  Concordia 
and  Tensas  shall  compose  the  Fifteenth 
District. 

Sixteenth  —  The  parishes  of  Caldwell, 
PrankHn  and  Madison  shall  compose  the 
Sixteenth  District. 

Seventeenth — The  parishes  of  Carroll 
and  Morehouse  shall  compose  the  Seven- 
teenth District. 

Eighteenth — The  parishes  of  Union, 
Ouachita  and  Jackson  shall  comiDOse  the 
Eighteenth  District. 

Nineteenth — The  parishes  of  Claiborne, 
Bossier  and  Bienville  shall  compose  the 
l^ineteenth  District. 

Twentieth — The  parishes  of  Caddo  and 
DeSoto  shall  compose  the  Twentieth  Dis- 
trict. 

7.  Under  the  head  of  "'General  Pro- 
visions" your  committee  respectfully  pre- 
sent the  following  additional  articles : 

Article  — .  All  uncultivated  lands  in 
this  State,  owned  by  individuals,  succes- 
sions, companies,  or  corporations,  consist- 
ing of  over  one  hundred  acres,  shall  be 


taxed  for  all  over  that  quantity,  equally 
with  like  qualities  of  land  in  their  neigh- 
borhood under  cultivation. 

Aet.  — .  All  lands  sold  in  pursuance  of  de- 
crees of  courts  shall  be  divided  into  tracts 
of  from  ten  to  fifty  acres.  No  individual, 
company,  or  corporation  shall  be  allowed 
to  purchase  more  than  one  hundred  and 
fifty  acres  at  any  such  sale. 

Aet.  — .  All  contracts  made  and  entered 
into  under  the  pretended  authority  of  any 
governments  heretofore  existing  in  this 
State,  by  which  children  were  bound  out 
without  the  knowledge  and  consent  of  their 
parents,  are  hereby  declared  null  and  void;, 
nor  shall  any  child  be  bound  out  to  any 
one  for  any  term  of  years,  while  either  of 
its  parents  live,  except  in  cases  of  children 
legally  sent  to  the  House  of  Correction. 

Aet.  — ,  No  person  shall  ever  hold  any 
office  of  profit  or  trust  under  this  State, 
either  by  election  or  appointments;  and 
every  one  holding  such  office  shall  be  re- 
moved, who  has  fought  a  duel,  sent  or  ac- 
cepted a  challenge,  or  in  any  way  aided  or 
abetted  in  bringing  about  a  duel  since  the 
adoption  of  this  Constitution.  The  General 
Assembly  shall  provide  by  i-tringent  laws 
for  the  detection  and  punishment  of  aE 
parties,  and  for  the  suiDpression  of  dueling. 

Aet.  — .  There  shall  be  appointed  by  the 
Governor,  by  and  mth  the  advice  and 
consent  of  the  Senate,  a  Board  of 
Health  for  the  State  at  large,  consisting  of 
seven  members.  They  shall  hold  their 
office  for  two  years,  subject  to  removal  for 
incompetency  or  neglect  of  duty,  and  re- 
ceive such  salaries  as  shall  be  provided  by 
law. 

Aet.  — .  Said  Board  of  Health  shall  have 
power  to  regulate  all  matters  that  pertain 
to  the  general  health  throughout  the  State; 
and  shall  have  exclusive  control  of  the 
quarantine  regulations. 

They  shall  also  regulate  and  control  the 
subjects  of  drainage,  the  removal  of  offal 
and  filth,  the  location  of  slaughter-houses, 
stocks,  yards,  soap  and  candle  factories, 
and  all  manufactories  of  unhealthy  or  dan- 
gerous substances,  and  aU  dumping  grounds, 
in  the  parishes  of  Orleans,  Jefferson,  and 
St.  Bernard;  Provided,  That  all  stock-yards 
and  slaughter-houses,  the  refused  offal  of 
which  is  thrown  into  the  Mississippi  river, 
shall  be  located  below  the  Umits  of  the  city 
of  New  Orleans,  and  all  dumping  grounds 
shall  be  located  not  less  than  four  miles 
above  the  present  waterworks  in  the 
city  of  New  Orleans,  or  below  the  city 
limits. 

8.  The  following  article,  as  a  substitute 
for  the  first  article,  under  title  of  the 
"Militia:" 

Substitute—  The   Legislature  shall  pro- 


JOUKXAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


229 


vide  for  volunteer  militia  organizations,  to 
be  composed  only  of  able  bodied  registered 
citizens,  between  tlie  ages  of  eighteen  and 
forty-fiYe.  The  Legislature  shall  allow  no 
•distinction  of  race  or  color  in  any  militia 
organization. 

9.  A  few  verbal  changes  in  article  97,  of 
^^Greneral  Provisions,"  and  reducing  their 
residence  in  the  parish  to  twenty  days. 

10.  The  foUoTiring  article  is  resiDectfiiUy 
offered  as  a  substitute  for  article  98,  "Gen- 
eral Provisions ; ' ' 

Substitute. — No  person  shall  vote  or  hold 
any  office  of  trust  or  profit  under  this  State, 
either  by  election  or  appointment,  who 
shall  have  been  convicted  of  treason,  or  any 
crime  puni-shable  by  imprisonment  at  hard 
labor  for  over  six  months,  or  who  is  ren- 
dered incapable  of  holding  office  by  tli 
third  section  of  the  fourteenth  constitu- 
tional amendment,  passed  June  13,  1866, 
and  who  has  been  excluded  from  the  privi- 
lege of  voting  in  this  State  by  virtue  of  the 
fifth  and  sixth  sections  of  the  Reconstruc- 
tion Act  of  Congress,  entitled  "An  act  to 
l^rovide  for  the  more  efiicient  governments 
of  the  rebel  States,"  passed  March  2,  1867, 
and  also  by  virtue  of  the  first  section  of  the 
Supplementarv  Act  of  Congress  to  said 
bill,  passed  March  23,  1867;  Provided,  That 
the  General  Assembly  of  this  State  may, 
by  a  two-thirds  vote  of  both  Houses,  remove 
.such  di-alulitv  in  reg^ird  to  the  right  of 
fraiichi-v  ill  iii dividual  cases  where  retimi- 
ing  k)y;ihy  to  the  general  government  is 
satisi'iic  torily  sho^ra. 

11.  The  following  proviso  to  be  added  to 
article  97:  ''P rovided,  That  no  soldier, 
sailor  or  marine  in  the  military  or  naval 
service  of  the  United  States,  shall  hereafter 
acquire  a  residence  in  this  State  by  reason 
of  being  stationed  or  doing  duty  in  the 
same." 

All  of  which  is  respectfully  submitted. 

G.  M.  WiCKLIFFE, 

Chaii-man  of  Committee  on  Style  and  Ai-- 
rangements. 

I  resiDectfully  submit  the  following  addi- 
tional suggestions.  Errus  Waples. 

Aet.  86.  After  the  word  "Judge,"  in- 
sert "who  shaU  have  practiced  law'  at 
least  one  year  in  this  State,  next  pre- 
ceding his  entering  upon  his  ojfficial  du- 
ties." 

In  aU  cases  where  the  words  "  elected  by 
the  qualified  electors,"  or  equivalent  ex- 
pressions, occur  in  relation  to  judicial 
office,  it  is  recommended  that  they  be 
stricken  out  and  the  phrase,  "appointed 
by  the  Governor  by  and  with  the  ad\'ice 
and  consent  of  the  Senate,"  inserted  in 
lieu  thereof. 

Art.  98.  Add  to  those  disfranchised, 
^^also  aU  persons  who  served  in  the  Con- 


!  federate  army,  as  generals  of  any  grade.'* 
!  Art.  128.  Strike  out  the  article,  and 
!  insert : 

;  Sec.  1.  It  shall  be  the  duty  of  the  Leg- 
islature to  provide  by  the  establishment  of 

i  alms-houses,  or  otherwise,  for  the  main- 
tenance of  all  resident  paupers  in  this 

,  State,  and  at  least  one-half  the  proceeds  of 
the  poll-tax  shall  be  appropriated  for  this 

\  purpose. 

i    Sec.  2.   The  Legislature  shall  provide 

:  for  the  payment  into  the  Treasury,  of  the 
fees  of  every  officer  who  shall  have  a  sur- 
plus in  any  year,  after  retaining  out  of  the 
fees,  the  sum  <'>f   sevr^n  thousand  dollars, 

!  and  defraying  his  cl(:"]-i.'^      i  1  other  office 

i  expenses,    to   ])e    r^  .  '  v  law.  All 

lU'ii]     thus  paid  into     >  _M_.>ury,  shall  be 
'  the  charity  fund. 
Jii.    Waples  asked  that  the  follo-^ing 

j  statement  of  objections  to  the  report  be 

I  S23read  upon  the  minutes: 

I  New  Orleans,  February  18,  1868. 

I  Mr.  President  aiv.l  other  Memb.'rs  of  the  Convention: 

!  I  have  just  read  the  report  of  the  Chair- 
j  man  of  the  Committee  on  Style  and  Ar- 
I  rangement  for  the  first  time.  While  I  ap- 
I  prove  of  some  of  the  sections,  I  totally  dds- 
i  approve  of  others.  The  chairman  sug- 
I  gested,  in  the  committee,  that  he  thought 


the  judicial  districts  of 
rearranged,  but  I  neit  ■ 
l^lan  here  presented.  I 
second,  third,  fourth  a: 
The  other  suggestions, 


the  State  should  be 
-  ri  or  heard  the 
lit  to  the  first, 
I  iixik  suggestions, 
from  the  sixth  to 
I  the  eleventh,  inclusive,  were  not  recom- 
j  mended  by  me.  and  most  of  them  meet 
i  with  my  decided  di-;ipproval. 
i  I  made  the  susgi:  >tions  printed  under  my 
!  name,  but  not  as  --additidfiar'  to  the  others 
i  in  sttch  a  sense  as  to  imply  approval  of  aU 
!  the  foregoing. 

In  justice  to  the  chairman  of  the  com- 
I  mittee,  I  will  add  that  he  did  nearly  aU  the 
work  in  the  committee,  and  that  the  other 
members,  in  chiding  myself,  were  not  in 
constant  attendance,  although  I  gave  much 
attention  to  the  work  before  us,  and  at- 
t«5nded  every  day.  though  not  throughout 
the  sessions  of  each  day. 

I  make  these  explanations,  lest  the  re- 
port shotild  be  considered  the  unanimous 
conclusion  of  the  committee.  The  report 
was  never  stibmitted  to  me. 

Kurrs  Waples. 
Mr.  McMillen  asked  that  the  following 
statement  of  his  objections  to  the  report  ba 
spread  upon  the  minutes : 

The  undersigned,  a  member  of  yoiir 
Special  Committee  on  Style  and  Arrange- 
ments, begs  leave  to  state  that  the  report 
just  made  and  signed  by  the  chairman  of 


230 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


said  committee,  was  not  submitted  to  Mm 
for  approval  and  signature,  and  that  he  de- 
sires to  enter  his  protest  against  the  report, 
as  a  document  emenating  from  the  special 
oommittee  appointed  by  authority  of  this 
Convention.  W.  L.  McMilijEN. 

Mr.  Wickliffe  moved  to  receive  and  take 
up  the  report  seriatim. 

Mr.  Pinchback  moved  to  lay  on  the  table. 

Adopted. 

Mr.  Crane  moved  to  recommit  the  Con- 
stitution as  adopted  to  the  Committee  on 
Style  and  Arrangement  with  instructions  to 
report  the  articles  and  provisions  of  the 
Constitution  as  adopted,  and  their  recom- 
mendations separately. 

Mr.  Meadows  moved  to  table. 

liOSt. 

Mr.  Bertonneau  moved  to  amend  by  add- 
ing: ''Provided  that  the  printing  of  the 
Constitution,  as  passed  by  the  Convention, 
be  attended  to  by  the  Committee  on  Print- 
ing, and  any  amendments  thereto  be  insert- 
ed in  the  margin  opposite  the  article  pro- 
posed to  be  amended." 

The  amendment  was  adopted. 
The  motion  as  amended  prevailed. 
Mr.  Wickhffe  moved  that  the  Committee 
on  Style  and  Arrangement  be  discharged 
and  a  new  committee  be  appointed  on  Style 
and  Arrangement. 
The  motion  was  lost. 
The  following  statement  was  read  and 
ordered  to  be  spread  upon  the  minutes: 

We,  the  undersigned,  members  of  the 
Committee  on  Style  and  Arrangement,  state 
that  we  never  have  had  the  report,  signed 
by  the  chairman  of  the  committee,  sub- 
mitted to  us  at  all;  that  we  never  saw  it  till 
laid  on  our  desks  this  morning,  in  a  printed 
iorm. 


RuFus  Waples, 
p.  G.  Deslonde, 

W.   L.  McMlLIiEN, 

S.  Belden, 

L.    S.  RODEIGUEZ. 

retmary  18,  1868. 

It  was  solely  the  fault  of  said  members 
of  the  committee  who  did  not  discharge 
their  duties  as  they  should  have  done. 

G.  M.  Wickliffe. 

Mr.  Crane  offered  the  following  as  an 
article  of  the  Constitution : 

Aet.  — .  Should  from  any  cause  a  fail- 
ure occur  to  elect  the  officers  authorized  in 
a  preceding  article  in  the  schedule  to  this 
Constitution  on  the  same  day  of  the  elec- 
tion on  the  question  of  its  ratification;  and 


should  the  Constitution  be  ratified  pursuant 
to  the  provisions  of  the  Congressional  acts 
of  reconstruction,  then,  and  in  the  event 
of  the  happening  of  the  aforesaid  condi- 
tional events,  the  elector  for  offices  under 
this  Constitution,  shall  be  ordered  and  held. 
pursuant  to  articles  149  and  150  of  the  ma- 
jority report  of  the  Committee  on  Draft 
of  the  Constitution. 

Mr.  Pinchback  moved  to  adopt  the  pre- 
amble of  the  majority  report. 

Mr.  Rodriguez  was  excused  from  service 
on  Committee  on  Style  and  Arrangement, 
and  Mr.  Thos.  IsabeUe  appointed  in  his 
place. 

Mr.  Waples  moved  to  amend  the  motion 
of  Mr.  Pinchback  by  striking  out  all  after 
the  word  * 'preamble,"  and  inserting  the 
preamble  as  reported  by  Mr.  Wickhffe. 

Mr.  Pinchback  moved  to  lay  the  motion 
of  Mr.  Waples  on  the  table. 
Lost — ayes  19,  nays  29 — as  follows: 
Yeas:  Antoine,  Blandin,  Bonnefoi,  Coo- 
ley,  Crawford,  Bearing,  Francois,  Harper 
IsabeUe  T.,  Massicot,  McLeran,  McMiUen 
Pinchback,  Reagan,  Riard,  Smith,  Snaer 
Steele,  Wilson — 19  yeas. 

Nays:  Bertonneau,  Bonseigneur,  Crane 
Cromwell,  Demarest,  Deslonde  P.  G.,  Do 
nato,  Du]Darte  G.,  Dupart  U.,  Esnard,  Gui 
chard,  Harris,  Hempstead,  Isabelle  R.  H. 
Jackson,  Landers,  Lange,  Meadows,  Mor 
lis,  Moses,  Murrel,  Newsham,  Ohver 
Pierce,  Pollard,  Riggs,  Rodriguez,  Waples 
WilHams — 29  nays. 

Mr.  Smith  moved  to  amend  the  amend 
ment  of  Mr.  Waples  by  striking  out  all  after 
the  word  "and,"  fourth  line,  and  insert 
ing  "resuming  again  its  suspended  repre 
sentation  under  the  Constitution  of  the 
United  States,  do  make  and  ordain  the 
following  Constitution." 

Pending  the  discussion  of  which,  on  mo 
tion  of  Mr.  Bertonneau,  the  Convention 
adjourned  till  to-morrow  at  10  a.  m.,  Mr. 
Wai)les  being  entitled  to  the  floor. 
A  true  copy: 

WM.  VIGERS,  Secretary. 

SIXTY-EIGHTH  DAY. 
New  Orleans,  Wednesday,  Feb.  19,  1868 
The  Convention  met  jDursuant  to  ad 
journment,  and  was  called  to  order  by  \h 
President  at  10  a.  m. 

The  roll  was  called  and  the  foUoTsin 
delegates  answered  to  their  names: 


JOUENAL  OF  THE  CONSTITUTIO^^iL  COXYENTION. 


231 


J.    CI.    Taliaferro,    President;  :Messrs. 
BeldeD,  Bertonneau,  Blackburn,  Blandin,  \ 
Bonuefoi,  Brown,  Barrel,  Butler,  Cooley,  i 
Crane,  Cromwell,  Cuney,  Deariug  Depas-  j 
seau,  i?.  G.    Deslonde,   Donato,  Douglas,  | 
G.  Duparte,  U.  Dupart,  Duplessis,  Esnard,  | 
Francois,  Fuller,  Ferguson,  Gardiner,  Har- 1 
ris,  Harrison,  Ingraliam,  K.  H.  Isabelle, 
T.  Isabelle,  Jackson,  Jones,  Kelso,  Lan- 
ders, Lange,  Leroy,  R.  Lewis,  Marie,  Mar- 
tin, Massicot,  Meadows,    Morris,  Moses, 
Mushaway,  Myers,  Oliver,  Pierce,  Pincli- 
back,  Poindexter,  Pollard,  Reagan,  Eeese, 
Riard,  Riggs,  Roberts,  Rodriguez,  Snaer, 
Steele,  Thibaut,    Twitchell,  Underwood, 
Valfroit,  Waj^les,    Williams,    Wilson — 66 
members  prasent. 

Prayer  by  the  Rqv.  Josiali  Fisk. 

The  minutes  were  read  and  adopted. 

ORIGINAIi  EESOLUTIONS. 

Mr.  Underwood  moved  that  upon  a  mo- 
tion to  adjourn  the  roll  shall  be  called,  and 
any  member  not  answering  to  his  name 
shall  forfeit  his  per  diem. 

Lost. 

Mr.  Pinchback  was  called  to  the  chair, 
Mr.  Valfroit  moved  that  when  this  Con- 
vention do  adjourn  it  shall  adjourn  subject 
to  the  call  of  the  President,  but  not  sine 
die. 
Lies  over. 

The  Committee  on  Contingent  Expenses 
submitted  the  following  report  : 

New  Okleaxs,  February  19,  1868, 
To  the  President  and  Members  of  tlie  Convention  : 

GentijEmen  —  Your  Committee  on  Con- 
tingent Expenses  to  whom  the  Gas  Com- 
j)any  bill  of  one  hundred  dollars  and 
thirty-one  cents  was  referred,  respectfully 
reports  favorably  and  desire  a  warrant  for 
the  above  amount  to  be  drawn  for  the  jDay- 
ment.  J.  B,  Esxakd, 

Chairman  pro  tern,  of  the  Contingent  Ex- 
p)enses  Committee, 

Wliich  was  received  and  the  bill  ordered 
to  be  paid. 

Mr.  Blackburn  called  up  his  resolution 
lying  over  from  February  17,  as  follows : 

Resolved,  That  the  Sheriffs  of  the  va- 
rious parishes  of  the  State,  the  j^arish  of 
Orleans  excepted,  shall  be  and  are  hereby 
authorized  to  redeem  the  warrants  of  their 
resx^ective  delegates,  wliich  warrants  shall 
be  received  from  said  Sheriffs  at  the  State 
Treasury  at  par,  as  so  much  Convention 
tax  paid.  This  provision  to  take  effect 
from  and  after  the  adjournment  of  this 
Convention. 


Mr.  Bertonneau  moved  to  postpone  in- 
definitely. 
Lost. 

Mr.  Cooley  moved  to  amend  by  adding 
the  words  "or  tax  collectors,"  aftter  the 
word  "Sheriffs,"  wherever  it  occurs. 

Accepted. 

Mr.  Blandin  moved  to  amend  by  adding  i 
Provided,  That  no  delegate  will  receive 
any  pay  but  in  the  parish  in  which  they 
were  elected,  to  date  from  the  day  of  the 
adjournment  of  this  Convention. 
Laid  on  the  table. 

The  resolution  as  amended,  and  reading 
as  follows,  was  adopted: 

Resolved,  That  the  Sheriffs  or  tax  cx)llec- 
tors  of  the  various  parishes  of  the  State, 
the  parish  of  Orleans  excepted,  shall 
be  and  are  hereby  authorized  to  re- 
deem the  warrants  of  their  respective 
delegates;  which  warrants  shall  be  received 
from  said  Sheriffs  or  tax  collectors  at  the 
State  Treasury  at  par,  as  so  much  Conven- 
tion tax  paid.  This  provision  to  take  effect 
[from  and  after  the  adjournment  of  this 
!  Convention. 

UNFINISHED  BUSINESS. 

!  The  consideration  of  the  amendment  of 
!  Mr.  Smith  to  Mr.  Waples'  amendment,  to 
I  the  motion  of  Mr.  Pinchback,  was  resumed,, 
I  Mr.  Yf  aples  having  the  floor, 
j  Mr.  Meadows  moved  to  lay  the  amend- 
!  ment  of  Mr.  Smith  on  the  table. 
Adox)ted. 

The  question  recurring  upon  Mr.  Wa- 
ples' amendment. 

It  was  lost — ayes  10,  nays  51 — as  follows: 

Yeas  :  Bertonneau,  Bonuefoi,  Burrel, 
Crane,  Cromwell,  Depasseau,  Duparte  G.j 
Riggs,  Rodriguez,  Waples— 10  yeas. 

Nays:  Antoine,  Baker,  Belden,  Black- 
burn, Brown,  Cooley,  Crawford,  Cuney, 
Bearing,  Deslonde  P.  G.,  Donato,  Douglas, 
Dupart  U.,  Dux^lessis,  Francois,  Ferguson, 
Gardiner,  Guichard,  Harris,  Hempstead,  In- 
graham,  IsabeUe  T,,  Jone«,  Lange,  Leroy, 
Lems  R,,  Marie,  Massicot,  Meadows,  Mc- 
Millen,  Morris,  Moses,  Murrel,  Myers, 
Newsham,  Oliver,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Riard,  Roberts,  Smith, 
Thibaut,  T\%dt<?hell,  Underwood,  Valfroit, 
Yidal,  Wicldiffe,  Wilhams,  Wilson— 51  nays. 

The  question  recurred  upon  the  motion 
of  Mr  Pinchback  to  adopt  the  preamble 
of  the  majority  report,  wliich  was  ado^oted, 
reading  as  follows  : 


232 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


PKEAMBLE. 

"We,  the  people  of  Louisiana,  in  order 
to  establish  justice,  insure  domestic  tran- 
quility, promote  the  general  welfare  and 
secure  the  blessings  of  libert^^  to  ourselves 
and  our  posterity,  do  ordain  and  establish 
this  Constitution. 

Mr.  McMillen  moved  that  the  Constitu- 
tion as  adopted  in  detail  be  Mopted  as  a 
whole,  and  urjon  this,  called  for  the  pre- 
vious question. 

The  j)revious  question  was  not  ordered. 

Mr.  McMillen  moved  that  the  Secretary 
now^  proceed  to  read  the  Constitution  as 
adopted,  as  enrolled  by  the  EnrolKng  Clerk, 
that  delegates  may  compare  v/ith  it  the 
I)rinted  copy  furnished  by  the  Committee 
on  Printing. 

AdojDted. 

The  Convention  adjourned  until  to-mor- 
row at  10  o'clock  A.  M. 
A  true  Gopj  : 

WM.  VIGERS,  Secretary. 


SIXTY-NINTH  DAY. 

New  Okleans,  Thursday,  Feb.  20,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  10  o'clock  A.  M. 

The  roll  was  called,  and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine,  Baker,  Blackburn,  Blandin,  Bonne- 
foi,  Brov/n,  Burrel,  Butler,  Cooley,  Crane, 
Crawford,  Cromwell,  Cuney,  Dearing,  De- 
passeau,  P.  G.  Deslonde,  Donate,  G.  Du- 
parte,  Fra^ncois,  FuUer,  Ferguson,  Harris, 
Harrison,  Ingraham,  E.  H.  Isabelle,  Tiios. 
Isabelle,  Kelso,  Landers,  Lange,  Leroy, 
R.  Lewis,  Marie,  Martin,  Meadows,  Mc- 
Leran,  Morris,  Moses,  Murrel,  Mushaway, 
Myers,  Newsham,  Oliver,  Packard,  Pierce, 
Poindexter,  PoUard,  Reagan,  Reese,  Riard, 
Riggs,  Rodriguez,  Steele,  Thibaut,  Twit- 
cheU,  Underwood,  Valfroit,  Wickliffe, 
Williams,  Wilson — 60  members  present. 

Prayer  by  the  Rev.  Stubbs. 

The  minutes  were  read  and  adopted. 

The  rules  were  suspended  to  take  up  the 
unfinished  business,  which  was  the  con- 
sideration of  the  Constitution  as  it  was 
adopted,  article  by  article. 

Mr.  Reagan  moved  that  we  now  proceed 
to  adopt,  title  by  title,  the  Constitution  as 
leported  by  the  Committee  on  Printing. 


j 


Mr.  Pinchback  moved: 

That  we  take  up  the  Constitution  as  re  • 
ported  by  the  Committee  on  Style  and  Ar- 
rangement and  comxoare  it,  article  by  arti- 
cle, with  the  report  of  the  Committee  on 
Printing,  and  adopt  the  articles  of  either 
report  as  we  may  deem  best,  making  the 
report  of  the  Committee  on  Style  and  Ar- 
rangement the  basis  as  to  arrangement  of 
the  Constitution. 

Mr.  Crawford  moved  as  an  amendment: 

That  a  special  committee  of  five  be 
aj^pointed  by  the  President  to  revise  the 
style  and  arrangement  of  the  Constitution, 
and  that  they  have  a  correct  copy  printed 
as  adopted  and  the  proposed  changes  set 
forth  specifically. 

Which  was  adopted. 

The  Chair  appointed  as  the  Committe 
on  Style  and  Arrangement  of  the  Constitu- 
tion, Messrs.  Oooley,  Waples,  Crawford,' 
McMillen,  Crane  and  Pinchback. 

On  motion  of  Mr.  Wickliffe  the  previous 
Committee  on  Style  and  Arrangements  was 
discharged. 

On  motion  of  Mr.  Hempstead  the  Presi- 
dent was  added  to  the  Committee. 

The  Convention  adjourned  till  Saturday 
at  12  M. 

A  true  co-pj  : 

WM.  YIGERS,  Secretary. 

SEVENTIETH  DAY. 

New  Orleans,  Saturday,  Feb.  22, 1868. 

The  Convention  met  pursuant  to  adjourn- 
ment, and  w^as  called  to  order  by  the 
President, 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine.  Baker,  Bonnefoi,  BroAvn,  Burrel, 
Cooley,  Crane,  Crawford,  Cromwell,  Cuney, 
Bearing,  Deslonde  P.  G.,  Donato,  Doug- 
lass, Dupart  U. ,  Duplessis,  Francois,  Ful- 
ler, Gould,  Harper,  Isabelle  R.  H.,  Isa- 
belle Thos.,  Jones,  Landers,  Lange,  Leroy, 
Marie,  Meadows,  Moses,  Myers,  Oliver, 
Packard,  Pierce,  Poindexter,  Pollard, 
Riard,  Rodriguez,  Steele,  Thibaut,  Twit- 
cheU,  Waples,  Wickhffe,  Williams,  Wil- 
son— 45  members  present. 

No  quorum  being  present,  the  Conven- 
tion adjourned  tiU  Monday,  at  10  o'clock 
a.  m. 

A  true  copy  : 

WM.  VIGERS,  Secretary. 


JOUEXAL  OF  THE  COXSTITUTIOXAL  CONYENTIOX. 


233 


SEYENTY-FIRST  DAY. 
Xett  Oeleaxs,  Monday,  Feb.  24,  1868. 
The  Conyention  met  pursuant  to  ad- 

oiu'nment,  and  was  called  to  order  by  the 
^'resident. 

The  roll  ivas  called  and  the  follo^ng 
"  z  gates  answered  to  their  names : 

Gr.  Tahaferro,  President;  Messrs.  An- 
_£■,  Baker,  Belden.  Bertonneaii. 
1,    Blandin,    Bonseignem-,  B 
■vn.  Burrel.  Cooler.  Crane.  Cr:i--^<-: 
mweil.  Cuney.  D earing,  Demarest.  T 
-an,  P.  G.  ^  Deslonde."  Donate,  Doii,- 
Gr.  Diix3arte,    U.   Dupart,  Dnplessis, 
_;:rd,  Francois.  Fuller.  Gardiner.  Gui- 
ld, Harper,   Harris.   Harrison.  Hemp- 
.1.  Ingraham,  Pi.   H.    Isabelle,  Thos. 
-j.belle,  Jones,  Landers,  Lange,  Leroy, 
X.  Lewis,  Marie.  3Iartin.  Meadows.  Mc- 
jeran,  Morris,  Mo^c-.  ^I-iiTirl.  M'lsiiawiiy. 
fyers,  Xewsham.  Oliror.  pjiokard,  Pierce, 
^inchback,    Poindexter.    Pvliard.  Keese, 
liard,  Eoberts,  Eodrigncz.   Smith,  Snaer, 
teele,  Thibaut,    T  v!  -l  L  11.  Underv>"ood, 
'alfroit,  Yandergriit'.  Yi.hJ,  Y'aples,  TTick- 
ffe,  Williams,  "\Yilson — 75  members  pres- 
nt. 

The  minutes  were  ro  '      ^  lopted. 

OEI&IXAL  KE-<.',..  _ 

By  Mr.  Harris: 

Resolved,  That  the  committee  of  seven 
be  appointed  by  this  Convention,  in  ac- 
ordance  -  r'l  ^a  -  r  lii:  " ^i/e  adopted  Feb- 
aary  13,  red  to  enforce 

lie  colLei'  T  '  v  th'-  - 

ention  1 

4,  1867.  ia..l  :l.'..^e  -a: 

0  call  this  Conventiur 

lecessary,  and  to  perftO-  ^  -  .  .   .  .;_  - 

,s  may  be  necessary  to  carry  out  the  wiU  of 

Jus  Convention,  not  inconsistent  with  any 

rdinance  or  resohition  heretofore  passed 

ty  this  Convention. 

Lies  over. 

By  Mr.  Blackburn: 

Wttf.keas,  The  loyal  people  of  Louisiana, 
a  accordaace  with  the  enactments  of  a 
oyal  Federal  Congress,  have  elected  dele- 
jates  to  a  Constitutional  Convention,  for 
he  purpose,  as  directed  by  the  said  Con- 
pressional  enactments,  to  frame  a  Constitti 
ion  and  form  a  ci^il  government  loyal  to 
he  Union;  and 
"Whereas,  The  said  Constitutional  Con- 
dition is  now  about  through  vath  its  work, 
nd  vri]l  soon  submit  its  Constitution  for 
atification  or  rejection,  with  its  plan  of  a 
iTil  State  government  loyal  to  the  Pinion; 
herefore,  be  it 
Resolved  by  the  Constitutional  Convention 


]  of  Louisiana  as  aforesaid,  That  a  resiDcetful 
:  but  solemn  protest  is  hereby  entered,  in 
:  the  name  of  a  do\^-n-trodden''and  oppressed 
people,  against  the  enactment,  by  military 
order  or  otherwise,  of  any  appropriation 
acts  of  a  Legislature  known  to   have  been 
hostile  to  a  loyal  reconstrtiction  of  the  Gov- 
ernment; a  Legislatiu'e  which  boldly  and 
detiantly  jDroposed  to  approi^riate  thousands 
tipon  thousands  of  doUars  to  test  the  Con- 
-titutionaiiry  of  the  acts  of  Congress  under 
lie  authority  of  v/hich  this  Convention  was 
rivoked  and  C'^^nve:::-!- :    and  more  espe- 
'  is  a  prott  -pectfully, 
.  .-onethele-  . a  ied  against 

the  forced  collection   of   any  taxes  "iu 
gn-eenbacks"  founded  upon  said  treasona- 
.  ble  so-called  State  legislation  for  the  pui'- 
'  IDOse  of  XDaying  the  salaries  of  civil  officers 
in  our  midst,  known  to  be  hostile  to  the 
'  objects  and  jpui'iDoses  for  which  this  Con- 
vention was  called  into  power  by  the  legal 
laiv-making  i^ower  of  a  loyal  nation. 

Resolved,  That  a  copy  of  this,  signed 
officially  by  the  President  of  the  Conven- 
,  tion,  and  duly  attested  by  the  Secretary 
;  thereof,  be  forwarded  to  the  President  of 
the  Senate  of  the  United  States,  to  the 
Speaker  of  the  House  of  Kexn'esentatives, 
and  to  Gen.  Grant. 

Lie^  over, 
\    By  Mr.  Harper : 

'    Resolved,   That  the  Official  Printer  be 
authorized  to    print  two  hundi-ed  (200) 
copies    of    the    resolution    oifered  by 
Mr.    Blackburn,    and    adopted  Febma- 
rv  19th.    1868,    authorizing   tax  collec- 
1  >em  the  warrants  of  their  resiDec- 
les,  and  that  these  copies  be  for- 
aaed  by  the  Secretary  of  the  Conven- 
-  jn  to  the  State  Auditor  for  distribution  to 
tQe  tax  collectors  for  their  information  and 
guidance. 

Lies  over. 

By  Mr.  E.  I.  CromweH  : 

J/ — That  from  and  after  this  day,  no 
person  that  is  not  a  member  shall  be 
ado  wed  A^ithin  the  bar  dtiring  the  sessions 
of  this  Convention. 

Laid  on  the  table. 

By  Mr.  E.  H.  IsabeUe: 

Wheeeas,  This  Convention  has  adopted 
a  resolution  instructing  the  Warrant  Clerk 
to  make  warrants  in  small  sums  to  suit  the 
'  demands  of  delegates  and  employees  of 
this  Convention,  which  has  increased  the 
labors  of  the  Warrant  Clerk  to  such  an  ex- 
tent as  to  compel  him  to  ask  for  assistance; 
and, 

Wheeeas,  Ltician  Lamaniere  did  volun- 
,  teer  his  services  as  assistant  to  facilitate  the 


234 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


issue  of  warrants  for  seA'eral  days  T>ast;  | 
therefore,  be  it  #  j 

Resolved,  That  a  compensation  of  one 
hundred  and  fdtj  dollars  be  paid  said  L. 
Lamaniere  for  volunteer  services  rendered 
as  Assistant  Warrant  Clerk.    Lies  over. 

Mr.  Cromwell  moved  to  take  up  the 
memorial  of  the  Convention  of  the  State 
of  Georgia. 

Laid  on  the  table. 

The  Convention  took  a  recess  until  1 
p.  M.,  after  which  the  Convention  re- 
assembled and,  a  quorum  being  present, 
the  Special  Committee  to  revise  the  Con- 
stitution, through  Mr.  Cooley,  Chairman, 
submitted  the  following  report : 

To  the  Constitutional  Convention  of  the  State  of 
Louisiana : 

The  Committee  appointed  by  this  Con- 
vention, by  resolution  of  date  the  20th  of 
this  month,  to  prepare  a  copy  of  the  Con- 
stitution, as  adopted  in  detail  by  the  Con- 
vention, and  to  suggest  such  amendments 
as  they  may  deem  necessary,  now  report  as 
follows : 

They  have  examined  with  great  care  the 
various  articles  i^assed  by  the  Convention, 
and  now  present  to  the  Convention  the 
whole,  exactly  as  adopted.  Under  the 
authority  conferred  upon  them  by  the  reso- 
lution of  the  Convention,  they  have  pro- 
posed various  corrections  and  amend- 
ments to  the  articles  as  passed.  Some  of 
these  corrections  and  amendments  only 
change  the  style,  others  the  punctuation  and 
some  the  substance  of  the  various  articles. 
It  will  be  seen  that  these  corrections  and 
amendments  are  printed  separately  from 
the  article  to  which  they  refer.  Thus  giv- 
ing the  delegates  an  opportunity  of  reading 
the  original  article,  and  opposite  to  each 
the  proposed  amendments  or  corrections. 
Some  slight  mistakes  have  been  made  by 
the  printer,  to  which  the  special  attention 
of  the  Convention  is  called. 

To  the  10th  article,  the  committer  pro- 
posed the  correction  of  striking  out,  in  the 
second  line,  the  word  "an."  The  printer 
made  the  correction  without  any  correction, 
so  that  the  text  herein  presented  is  abeady 
corrected. 

To  article  22,  the  committee  proposed 
striking  out  certain  words  to  make  the  arti- 
cle read  as  printed  under  number  22  of  the 
corrections,  and  the  printer  confounded 
the  proposed  corrections,  in  detail,  but 
printed  the  article  so  that  it  reads  exactly 
as  the  committee  desired  it  should. 

Article  87,  the  proposed  corrections 
were  made  by  the  i)rinter,  in  the  text,  with- 
out authority. 


Article  99  —  Pro]3osed  corrections.  * 
is  printed  "nine  seventy"  and  shoul 
"ninety-seven."  i 

Article  133— In  the  19th  Hne  of  prop 
correction,  the  word  "32d"  should 
"28." 

Article  140 — Proposed  corrections, 
words  "in  the  3d  Hne"  should  be  ac 
after  the  word  "whatever,"  and  ch 
ing  the  punctuation,  so  that  the  fuU^ 
shall  be  after  the  word  "Hne."  \ 
W.  H.  CooLEY,  Chairms 
Jas.  G.  TaijIApebro, 

P.  B.   S.   PiNCHBACK,  \ 

T.  S.  Crawfoed,  ' 

KUFTJS  WAPIiES, 

"W.  B.  Crane. 
The  committee  recommended  the  fol 
ing  alterations,  as  signed  by  them  res] 
ively  : 

Article  10 — To  strike  out,  in  the  2d 
the  word  "an."  \ 

Article  11— As  a  substitute  we  recomi] 
the  following:  \ 

No  law  shall  be  passed  fixing  the  pri 
manual  labor.  R.  Waples, 

W.  R.  Crane,  ' 

P.  B.  S.  PiNCHBAd 

Article  13 — As  a  substitute  we  recomri 
the  following:  ; 

All  persons  shall  enjoy  equal  rights 
privileges  upon  any  conveyance  of  a  pj 
character;  and  all  places  of  business,  i 
piiblic  resort,  for  which  a  lisence  is 
quired,  by  either  State,  parish  or  munic 
authority,  ^hall  be  deemed  places  of  a  p 
lie  character,  and  shall  be  opened  to 
accommodation  and  patronage  of  aU  ] 
sons,  without  distinction  or  discriminal 
on  account  of  race  or  color. 

W.  R.  Crane, 

P.  B.  S.  PiNCHBACI 

We  object  both  to  the  original  article 
the  sustitute  and  recommend  that  neil 
be  inserted. 

W.  H.  Coolet, 
T.  S.  Craweoe] 
Article  20 — To  strike  out,  4th  Hne, 
words  "whole  number  of,"  and  insert 
words  "total  population." 
Recommended  by  the 

Committee. 

And  to  insert,  8th  line,  before  the 
"district,"  the  words  "parish  or  electi< 
Recommended  by  the 

Committee. 
To  insert,  6th  line,  in  place  of  the  fig 
"1870"  the  words  "eighteen  hundred 
seventy-five."  v; 
Recommended  by  the  '| 
Committee.  " 
And  add  to  the  article  the  words,  * 
until  the  State  census  of  the  year  eigb 


JOUENAL  OF  THE  CONSTITUTIONAIi  CONYEKTIOlf. 


235 


"  ed  and  seventy-fiA-e,  the  apportion- 
A  the  State  shall  be  mode  on  the  basis 
census  of  the  United  States  for  the 

eighteen  hundred  and  seventy." 

^commended  by  the 

Committee. 


First  EeiDresentatiye  District. 
Second         "  '*  , 


le  article  will  then  read  as  folloT73  : 
^T.  20.  Representation  in  the  House  of 
-^entatives  shall  be  equal  and  uniform; 
ter  the  first  General  Assembly  elect- 
ler  this  Constitution,  shall  be  ascer- 
.  and  regulated  by  the  total  popula 


md  every  ten  years  thereafter.  In 
f  informality,  omission  or  error,  in 
:nsus  returns  from  any  parish  or  elec- 
distriot,  the  General  Assembly  may 
r  a  new  census  taken  in  such  parish  or 
;ion  district;  but  until  the  State  census 


•  two 
..two 
.four 
.one 
..two 
.one 
.  .two 
.  .one 
,  .one 
three 


Thii-d 
Fourth 
Fifth 
Sixth 
Seventh 
Eighth 
^sinth 
Tenth 

Orleans  Right  Bank  one 

Ascension  two 

Assumption  two 

,  each  parish  in  the  State  being  entitled  !  AvoveUes  two 

.  least  one  representative.    A  census  of  j  Baton  Rouge^  East.' .  .  .  .  .  .  .* .'.V.V.'.V. three 

State  by  State  authority  shall  be  taken  |  Baton  Rouge,  West  one 

10  year  eighteen  hundred  and  seventy-  j  Bienville  one 

Bossier  two 

Caddo  three 

Calcasieu  one 

Caldwell  one 

Carroll  two 

Catahoula .-  one 


ghteen  hundred  and  seventy-five,  the  j  Claiborne  two 


jrtionment  of  the  State  shall  be  made 
':  e  basis  of  the  census  of  the  United 
for  the  year  eighteen  hundred  and 

.  ty. 

ecommended  by  the 

CoM^nTTEE. 

r.  22.  To  strike  out  all  in  the  1st  to 
ii  lines,  and  insert,  "until  an  appor- 
:nt  shall  be  made  in  accordance  ^vith 
rovisions  of  article  twenty,  the  rep- 
ation  in  the  Senate  and  House  of 
rsentatives  shall  be  as  follows." 
u  strike  out  all  from  the  word  "and," 
■-'ue,  to  the  word  "twenty,"  3d  line, 
strike  out,  5th  line,  the  words  "and 
elected  as  follows." 
ecommended  by  the 

Committee. 


16  th  line,  the  word 
to  insert  the  words  "Or- 


line,  the  words  "the 
Orleans,"  and  insert 


')  strike  out 
venth,"  and 
right  bank." 
.commended  by  the 
-M  Com5>iittee, 

o  strike  out,  12th 
;h  District  of  New 
deans  right  bank." 
iecommended  by  the 

Committee. 

i''e  recommend  to  strike  out  the  entire 
cle  and  insert  article  twenty^  majority 
ort,  as  follows: 

iticle  22 — Until  an  apportionment  shall 
nade,  and  elections  held  uuder  the  same, 
ccordance  with  the  first  enumeration  to 
nade  as  directed  in  article  twenty,  the 
resentation  in  the  Senate  and  House  of 
>resentatives  shall  be  as  follows : 
'or  the  parish  of  Orleans: 


Concordia  two 

DeSoto  two 

Feliciana,  East  two 

Feliciana,  West  one 

Franklin  one 

IberviUe  two 

Jackson  one 

Jefferson  four 

Lafayette  one 

Lafourche  two 

Livingston  one 

Madison  one 

Morehouse  one 

Natchitoches  two 

Ouachita  two 

Plaquemine  one 

Point  Coupee  two 

Rapides  three 

Sabine  one 

St.  Bernard  -  one 

St.  Charles  one 

St.  Helena  one 

St.  James  two 

St.  John  Baptist  one 

St.  Landry  four 

St.  Martin  two 

St.  Mary  ,  two 

St.  Tammany  one 

Tensas  -  two 

Terrebonne  two 

Union  one 

Vermillion  one 

Washing-ton  one 

Winn  one 

Total  ninety-eight 

And  the  State  shall  be  divided  into  the 
following  Senatorial  districts,  to  wit: 

The  First,  Second  and  Third  Representa- 
tive Districts  of  New  Orleans  shall  form  one 


236 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Senatorial  District,  and  elect  three  Sen- 
ators. 

The  Fourth,  Fifth  and  Sixth  Eepresenta- 
tive  Districts  of  New  Orleans  shall  form 
one  District,  and  elect  two  Senators. 

The  Seventh,  Eighth  and  Ninth  Eepre- 
sentative  Districts  of  New  Orleans  and  the 
parish  of  St.  Bernard  shall  form  one  Dis- 
trict, and  elect  two  Senators. 

The  Tenth  Eepresentative  District  of 
New  Orleans  shall  form  a  District,  and  elect 
one  Senator. 

Orleans,  right  bank,  and  the  parish  of 
Plaquemines  shall  form  one  District  and 
elect  one  Senator. 

The  parishes  of  Jefferson,  St.  Charles 
and  St.  John  the  Baptist  shall  form  one 
District,  and  elect  two  Senators. 

The  parishes  of  Ascension  and  St.  James 
shall  form  one  District,  and  elect  one  Sen- 
ator. 

The  parishes  of  Assumption,  Lafourche 
and  Terrebonne  shall  form  one  District, 
and  elect  two  Senators. 

The  parishes  of  Vermillion  and  St.  Mary 
shall  form  one  District,  and  elect  one 
Senator. 

The  parishes  of  Calcasieu,  Lafayette 
and  St.  Landry  shall  form  one  District, 
and  elect  two  Senators. 

The  parishes  of  Livingston,  St.  Helena, 
Washington  and  St.  Tammany  shall  form 
one  District,  and  elect  one  Senator. 

The  parishes  of  Point  Coupee,  East 
Feliciana  and  West  Feliciana  shall  form 
one  District,  and  elect  two  Senators. 

The  parish  of  East  Baton  Eouge  shall 
form  one  District,  and  elect  one  Senator. 

The  parishes  of  West  Baton  Eouge, 
Iberville  and  St.  Martin  shall  form  one 
District,  and  elect  two  Senators. 

The  parishes  of  Concordia  and  Avoyelles 
shall  form  one  District,  and  elect  one 
Senator. 

The  ]3arishes  of  Tensas  and  Franklin 
shall  form  one  District,  and  elect  one  Sena- 
tor. 

The  j)arishes  of  Carroll,  Madison  and 
Morehouse  shall  form  one  District,  and 
elect  two  Senators. 

The  parishes  of  Ouachita  and  Caldwell 
shall  form  one  District,  and  elect  one  Sena- 
tor. 

The  parishes  of  Jackson  and  Union  shall 
form  one  District,  and  elect  one  Senator. 

The  parishes  of  Bossier,  Bienville  and 
Claiborne,  shall  form  one  District,  and  elect 
two  Senators. 

The  parish  of  Caddo  shall  form  one  Dis- 
trict, and  elect  one  Senator. 

The  parishes  of  DeSoto,  Natchitoches  and 
Sabine  shall  form  one  District,  and  elect  two 
Senators. 


The  parish  of  Eapides  shall  form 
trict,  and  elect  one  Senator. 

The  parishes  of  Catahoula  an 
shall  form  one  District,  and  elect  c 
ator. 

Thirty  six  Senators  in  all. 

J.  G.  Taliafe 

W.   H.  COOLET^ 

P.  B.  S.  PincbI 
T.  S.  CeawfobS 

Article  25 — I  recommend  to  strii 
the  article  altogether.       W.  E.  Cb^ 

Article  26 — ^I  recommend  to  stri] 
the  entire  article.  W.  E. 

Article  27 — To  add  at  the  close 
article  the  words  "exce^jt  as  hep 
provided." 

Eecommended  by  the 

Committe: 

Article  29— To  strike  out,  3d  : 
word  "is,"  and  insert  the  words  "si 
Eecommended  by  the 

COMMITTEI 

Article  30— To  strike  out,  2d  k 
word  "whole." 

Eecommended  by  the 

Committee, 

It  will  then  read  "  When  a  Distric 
have  elected  two  or  more  Senators 
respective  terms  of  office  shall  be 
mined  by  lot  between  themselves." 

To  insert,  5th  line,  between  the 
' '  Eepresentatives, ' '  and  "  of , "  the 
"those." 

It  will  then  read  as  follows 
vacated  at  the  expiration  of  the  term 
first  House  of  Eepresentatives,  those 
second  class,"  etc. 

Eecommended  by  the 

Committee. 

Article  36-  To  strike  out,  2d  Hr 
word  "  cwm." 
Eecommended  by  the 

Committee. 

Article  39— To  strike  out,  7th  iii 
words  "General    Assembly,"  and 
the  words  ' '  House  of  Eepresentative 

Eecommended  by  the 

Committee. 

And  strike  out  all  after  the  word 
11th  line,  and  insert  the  words  "tl 
General  Assembly  that  shall  convGE 
the  adoption  of  this  Constitution,  m 
tinue  in  session  for  one  hundre 
twenty  days." 

Eecommended  by  the 

COMMITTEBd 

Article  40—  Strike  out,  2d  line,  ih 
"and"  and  insert  the  word  "or." 
Eecommended  by  the 

Committee. 

Article  41— To  strike  out,  6th  lir 
words  "except  to  such  offices  as 
filled  by  an  election  by  the  people." 


JOUENAIi  OF  THE  CONSTITUTIONAL  CONVENTION. 


237 


vQimended  by  the 

CoMinTTEE. 

le  42 — To  strike  out,  2d  line,  the 
.>Yer." 

mmended  by  the 

Committee. 
like  out,  3d  line,  the  words  "in  case 
:  icy." 

amended  by  the 

Committee. 
■e  43 — To  strike  out,  3d  line,  the 
new." 

mmended  by  the 

Committee. 

ie  45 — To  strike  out,  1st  line,  the 
The  Senate  shall  vote,"  and  insert, 
after  the  word  "Senate,"  the  words 
:e  shall  be  taken." 

mmended  ly  the 

C0M]\nTTEE. 

49.  To  insert,  2d  Hne,  after  the 
United  States,"  the  words  "thirty- 
:.rs  of  age,"  and  after  the  word 
3d  line,  the  words  "five  years, 
^■ceding  his  election,"  instead  of  the 
two  years." 

W.   H.  COOLEY, 

T.  S.  Cea^toed, 
W.  E.  Crane, 
RuFus  Wapees. 

■mmend  to  insert  as  an  additional 

he  following: 

— .  The  Lieutenant  txoyernor  shall 
i  salary  of  three  thousand  dollars 
-um,  payable  quarterly  upon  his 
rrant. 

P.   B.    S.  PlNCHBACK. 

66— To  substitute,  8th  line,  "like- 
,  '  for  "be  likewise." 
mmended  by  the 

COMmTTEE. 

e  75— To  strike  out  the  words,  7th 
appointed  by  the  Governor,  with 
-••e  and  consent  of  the  S^-nate,"  and 
he  words  "elected  by  the  qualified 
f  the  State." 

W.  E.  Crane. 
ike  out,  10th  line,  the  words  "  five 
he  last  three  thereof,  next  preced- 
ir  appointment,"  and  insert  the 
' '  ten  years  next  preceding  their 
ment."  W.  H.  Cooley, 

T.  S.  Crawford. 

W.  E.  Crane. 
''e  77— To  strike  out,  3d  line,  the 
lU." 

mmended  by  the 

Committee. 
^  icle  83 — We  recommend  to  strike  out 
:  the  1st  to  the  6th  lines  to  the  word 
nd  insert  the  following: 
Legislature  shall  divide  the  State 
licial  districts,  which  shall  remain 
jged  for  six  years,  and  be  subject  to 


reorganization  every  sixth  year.  For  eaoh 
District  Court  one  Judge,  learned  in  the 
law,  shall  be  appointed  by  the  Governor, 
^-ith  the  advice  and  consent  of  the  Senate." 

T.  S.  Crawford, 
W.  H.  Cooley, 

P.   B.    S.  PlNCHBACK, 

E.  Waples, 

J.  G.  Taeiaperro. 

Article  83 — If  the  article  is  retained  we 
recommend  to  strike  out,  3d  and  4th  lines, 
the  words  "  and  for  their  respective  "  and 
insert  the  words  "  for  each  ;  " 

And  insert  after  the  word  "electors," 
4th  line,  the  word  "  thereof  ;  " 

And  strike  cut  all  in  the  5th  and  6th 
lines  to  the  word  "  for." 

Eecommended  by  the 

CoMillTTEE. 

To  strike  out,  11th  line,  aU  after  the 
word  "Orleans  "  to  the  end,  and  insert  the 
following  : 

"With  the  following  original  jurisdic- 
tion ;  the  first,  exclusive  criminal  jurisdic- 
tion ;  the  second,  exclusive  probate  juris- 
diction :  the  third,  exclusive  jurisdiction 
of  appeals  from  justice  of  the  peace  ;  the 
fourth,  fifth,   sixth   and  seventh  District 
Courts,  exclusive  jurisdiction  in  all  civil 
I  cases,  except  probate,   when  the  sum  in 
I  contest    is   above   one  hundred  dollars, 
I  exclusive  of  interest.    These  seven  courts 
I  shall  also  have  such  fui'ther  jurisdiction, 
i  not  inconsistent  herewith,  as  shall  be  con- 
I f erred  by  law." 

Eecommended  by  the 

Committee, 
To  strike  out,  16th  and  17th  lines,  the 

word    "districts,"   and  insert  the  word 

"  parishes." 
Eecommended  by  the 

Comjiittee. 

Article  85— To  strike  out  all  in  the  3d 
line,  from  the  word  "they,"  to  the  word 
"interest,"  6th  line,  inclusive; 

And  strike  out  the  v.'ord  "not  probate," 
2d  line. 

Article  86— To  strike  out,  2d  and  3d 
lines,  the  word  "they,"  and  insert  the 
word  "he;" 

And  to  strike  out,  in  the  2d  line,  the 
word  "their,"  and  insert  the  word  "his;" 

And  to  strike  out,  6th  line,  the  word 
"now,"  and  insert  in  the  7th  hne  the  word 
"district"  before  "clerk;" 

And  to  strike  out,  2d  line,  the  word 
"offices,"  and  insert  the  word  "office." 

Eecommended  by  the 

Committee. 
To  insert  after  the  word  "Judge,"  1st 
line,  the  words  "who  shall  have  practiced 
law  in  this  State  at  least  one  year  previous 
to  his  ai3poiutment. "       E.  Waples, 

W.  H.  Cooley. 


238 


JOUBNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


Concurring  in  the  previous  verbal 
amendments,  we  propose  these  additional 
substantive  amendments: 

To  strike  out,  1st  line,  the  words  '  'elected 
by  the  qualified  electors  of  the  j)arish,"  and 
insert  the  words  "appointed  by  the  Gov- 
ernor with  the  advice  and  consent  of  the 
Senate;" 

To  strike  out,  3d  line,  the  word  "two," 
and  insert  the  word  "four;" 

To  add  to  the  7th  line  "and  of  this 
State."  W.  H.  Cooley, 

T.  S.  Crawtoed, 

P.  B.  S.  PiNCHBACK, 

B.  Waples, 
J.  G.  Taliafeeko. 
Article  87— Strike  out,  9th  line,  from  the 
word  "in"  to  the  word  "matters,"  13th 
line  inclusive,  and  insert  in  Heu  thereof  the 
following: 

"All  successions  shall  be  opened  and 
settled  in  the  parish  courts;  and  all  suits 
in  which  a  succession  is  either  plaintiff  or 
defendant,  may  be  brought  either  in  the 
parish  or  district  court,  according  to  the 
amount  involved;" 

And  add  the  letter  "s"  to  the  word 
**power,"  17th  line;  and  add  the  letter  "s" 
to  the  word  "magistrate,"  17th  line; 

And  strike  out  word  "a"  before  "magis- 
trate "  in  17th  line. 

Becommended  by  the 

Committee. 

Article  89 — To  strike  out,  7th  line,  the 
word  "twenty-five,"  and  insert  the  word 
^'ten." 

Becommended  by  the 

Committee. 

Article  90 — To  strike  out,  4th  line,  the 
words  "judges  of  the  courts,"  and  insert 
the  words  "a  judge  of  his  court." 

Becommended  by  the 

Committee. 

Article  93 — To  strike  out,  6th  line,  the 
words  "exclusive  control,"  and  insert  the 
word  "charge." 

Becommended  by  the 

Committee. 
Article  95 — To  insert,  6th  line,  the  word 
* 'associate  before  the  word  "Judge." 
Becommended  by  the 

Committee. 
Article  96— To  strike  out,  3d  line,  the 
word  "under"  and  insert  the  word  "in." 
Becommended  by  the 

Committee. 
Article  97 — To  strike  out,  5th  and  6th 
lines,  the  words  "except  those  disfranchised 
by  this  Constitution." 

W.  H.  CoOLEY, 
W.  B.  Cranh. 
To  strike  out,  2d  and  3d  lines,  the  words 
* 'subject  to  the  jurisdiction  thereof. 

W.  H.  Cooley, 


Article  98 — To  strike  out,  5th  line 
after  the  word  "interdiction,"  to  the 
of  the  article. 

W.  B.  Crane, 
W.  H.  Cooley, 
J.  G.  Taliafeei 
To  insert,  24th  line,  after  the  word 
bellioii,"  the  words,  "also  all  who  serv« 
the  Confederate  army,  above  the  rail 
colonel."  B.  Wapli 

To  strike  out,  14th  line,  the  word 
cuit"  between  the  words  "Supreme' 
"district." 
Tecommended  by  the 

Committee. 

To  strike  out,  21st  line,  the  word 
and  insert  the  word  "and." 
Becommended  by  the 

Committee. 
If  the  principle  of  disfranchisemei 
adopted  by  the  Convention,  I  propos 
strike  out,  17th  line,  the  words  "and 
trict;" 

And  in  20th  line  to  strike  out  the  w 
"approved  or  encouraged  the  secessi 
and  insert  the  words  '  'aided  or  assists 
any  manner  the  passage  of  the  ordinan 
secession;" 

And  to  add,  25th  line,  the  words  " 
vided  that  nothing  contained  in  tliis  &t 
shall  be  construed  to  disfranchise  any 
son  who  accepted  the  benefits  of  any  oi 
amnesty  proclainations  issued  by  Abrai 
Lincoln,  President  of  the  United  Stat^ 
W.  H.  Cooley, 
W.  B.  Crane, 
B.  Waples, 
J.  G.  TaliaferS 

Mr.  Pinchback  concurs  in  the  last  ami 
ment  proposed.  v 

Article  99  — To  strike  out  the  entire' 
cle  and  insert  article  nine-seventy,  maj'c 
report,  as  follows : 

Art.  — .  Members  of  the  General 
sembly,  and  all  other  officers,  loe 
they  enter  upon  the  duties  of  'i 
offices,  shall  take  the  following 
or  affirmation :  "  I  (A  B)  do  solemnly  si 
(or  affirm)  that  I  will  support  the  Cons! 
tion  and  laws  of  the  United  States  and 
Constitution  and  laws  of  this  State,  and  j 
I  will  faithfully  and  impartially  dischi 
and  perform  ail  the  duties  incumbeni 

me  as   ,  according  to  the  he^ 

my  ability  and  understanding.  So  hel| 
God." 

Becommended  by  the 

Committee. 
Article  103— To  strike  out  aU  after 
word  "law,"  4th  Hne. 
Becommended  by  the 

Committee. 
Article  108— To  strike  out,  2d  line, 
word  "written." 


JOUENAL  OF  THE  COXSTITUTIONAL  CONYENTIOX. 


239 


Jecommended  hj  tlie 

CoMillTTEE. 

!?o  strike  out,  3d  line,  the  words  "and 
iducted,"  and  insert  before   the  "^ord 
romulgated,"  the  word  ''and." 
iecominended  by  the 

Committee, 
Lrticle  108— To  add  to  the  article,  the : 
rds  "and  no  law  shall  require  judicial 
icess  to  be  i-sued  in  any  other  than  the  ■ 
glish  language.'"  j 
iacomniended  by  the  I 
Com:siittee.  j 
b^cle  109 — To  strike  out  the  entire 
Lcle.  I 
Recommended  by  the  I 
Committee.  j 
Irticle  110— To  strike  out,  4th  Hne,  the  ! 
rd  "previously."  : 
Recommended  by  the  | 
Com:mittee.  I 
Lrticle  111 — To  strike  out.  7th  line,  after  • 
vord  "irrepealable,"  the  word  '■unless,''  cle. 
i  insert  the  word  "until. "  ! 
Co  strike  out  the  letter  "'s"in  "contains 
line. 

^Recommended  by  the 

Committee. 
Article  114 — To  strike  out  the  words  ■ 
;ed  by  the  General  Assembly."  j 
bid  to  stiike  out,  2d  line,  the  words  "shall  i 
brace  but  one  object  and  that  shall  be  ,  cle. 
Tessed  by  the  title, "  and  insert  the  words  j 
Ijill  express  its  object  or  objects  in  its  j 
e."  so  that  the  article  shall  read  "Every ' 
shall  express  its  object  or  objects  in  its  ' 


Article  124 — If  the  above  substitute  is  not 
adojDted,  we  recommend  to  insert,  2d  line, 
the  words  "dotal  and,"  before  the  word 
"paraphernal,"  and  to  strike  out,  3d  line, 
the  words  "and  for  the  registration  of  the 
same,"  and  to  stike  out,  3d  line,  the  words 
"or  iDivilege,"  and  tu  strike  out,  6th  line, 
the  words  "and  privileges,"  and  to  add, 
Sth  line,  the  word  "five,"  and  to  strike  out, 
10th  hne,  the  words  "and  privileges." 

E.  "Waples, 

H.  COOLET, 

J.  G.  Taeiafeeko, 
P.  B.  S.  Pixchbage:. 
To  add,  2d  hne,  the  words  "dotal  and," 
before  "paraiDhernal."    I  favor  the  article 
entire  as  thus  amended,       W.  E.  CRA>fE. 

Aet.  125.  To   add  to   the  ai'ticle,  the 
words  "residing  in  the  State." 
Eecommended  by  the 

CoiTMITTEE. 

Aet.  12G.  To  strike  out  the  entire  arti- 


Aet. 

article, 


Aet.  12-8. 


Recommended  by  the  | 

COM^UTTEE.  I 

Article  118— To  strike  out  all  from  the  i 
d  "and,"  9th  line,  to  the  word  "sales," 
ih  line,  inclusive. 
Recommended  by  the 

Co  M:\nTTEE. 

To  strike  out,  1  Sth  line,  all  after  the  word 
nrposes,"  and  insert  the  following:  "But' 
property  shall  be  taxed  more  than  two  I 
:  cent.  jDer  annum,  upon  its  assessed' 
ue,  and  no  x^oll  tax  shall  exceed  one  dol-  i 
and  fifty  cents  per  annum." 
Recommended  by  the 

Committee. 
Article  119— To  strike  out  the  entire 
acle. 

Recommended  by  the 

CoMillTTEE. 

fMcle  124— To  strike  out  the  entire 
.cle,  and  insert  the  following:  "Xo  tacit 
>rtgagee,  except  those  now  in  existence, 
ever  be  enforced  or  recognized  in  this 
-te."  E.  Wapees, 

P.  B.  S,  PiXCHBACK, 

W.  H.  Cooeet, 
J.  G.  Taliateeko. 


W.  E.  Crane. 
128.  To  substitute  for  the  entire 
the  following: 
"It  shall  be  the  duty  of  the  General  As- 
sembly to  provide  for  the  support  of  all 
paupers  residing  v.ithin  the  State." 

E.  Wapebs. 
To  strike  out  the  entire  arti- 

W.   H.  COOLEY, 

J.  G.  Tatjateubo, 
"W.  E.  Ceaxe, 
P.  B.  S.  Peschback,  ^ 
To  strike  out  the  entii-e  arti- 

W.  H.  CoOLET, 

W.  E.  Ceane. 
Article  130— To  strike  out,  1st  line,  the 
words  "stiU  unexecuted. " 

E,  W-APEES, 

P.  B.  S,  Pinchback, 
J.  G.  Taeiafereo. 
To  strike  out  the  entn-e  article. 

"VT,   H.  COOEET, 

W.  E.  Ceaxe, 
strike  out  the  words 
and   insert  the  words 


Aet. 
cle. 


129. 


Ai-ticle  132— To 
'Baton  Eouge," 
•'Xew  Orleans." 


E. 
J. 

W 


Wapees, 

G.  Taeiateeeo, 

E,  Ceane, 


We  recommend  to  strike  out  title  VII,  and 
article  133. 

J.  G.  Tauafeeeo, 

E.  Wapees, 

W.  E.  Ceaxe, 

W.  H.  CoOLEY, 

P.  B.   S.  PiXCHBACK. 

The  committee  recommend  as  article  — , 
under  the  title  of  General  Provisions,  the 
following : 

"Xo  judicial  powers  shall  be  exercised  by 
clerks  of  courts," 


240  JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Article  133 — If  the  article  is  adopted,  we 
recommend  to  strike  oat,  lOtli  liue,  the 
words  "the  same  report  iij)on,"  and  10th 
Hne,  the  words,  "in  progress;"  it  will  then 
read,  '  'he  shall  communicate  to  the  General 
Assembly,  through  the  Governor,  annually, 
his  views  concerning  the  condition  of  the 
j)ublic  works,  recommend  such  measures 
as  in  his  opinion  the  public  interest  of  the 
State  may  require,  and  shall  i^erf  orm,  etc. , 
etc." 

And  in  the  20th  line  to  strike  out  the 
word  "their"  and  insert  the  word  "inter- 
nal;" 

And  substitute  the  word  "improvements" 
for  the  word  "imx:)rovenient;" 

And  insert,  after  it  the  words  '  'in  their  re- 
sj)ective  districts." 

It  will  then  read,  '  'to  tax  themselves  for 
internal  im|Drovements  in  their  respective 
districts;" 

And  to  strike  out,  22d  line,  the  word 
"have;" 

And  to  strike  out,  28th  and  29th  lines, 
the  words  "the  general  laws  of  the  State." 
and  insert  the  words  "the  general  system 
of  internal  improvements  adopted  by  the 
State;" 

And  to  strike  out,  32d  line,  the  words  '  'or 
otherwise. " 
Eecommended  by  the 

Committee. 

Article  134 — To  strike  out  the  entire 
article,  and  insert  article  one  hundred  and 
thirty-six  of  the  majority  report,  as  follows: 

"It  shall  be  the  duty  of  the  General 
Assembly  to  make  provision  for  the  educa- 
tion of  all  the  youths  in  the  State  between 
the  ages  of  six  and  eighteen  years,  without 
jprejudice  or  jpartiality  to  anv  one." 

W.   H.  COOLEY, 

T.  S.  Ceawfoed. 

If  the  article  stands  as  adopted  to  strike 
out,  3d  line,  the  word  "  their  "  and  insert 
the  word  "its." 

Recommended  by  the 

Committee. 
Article  134— To  strike  out,  1st  and  2d 
lines,  the  words  "  at  least  one  free  public 
school  in  every  parish,"  and  insert  the 
words  "a  system  of  free  public  schools 
throughout  the  State." 

W.  H.  COOLEY, 

P.  B.  S.  PiNCHBACK, 

T.  S.  Ceawfoed. 
To  sttike  out,  9th  line,  before  the  word 
"race,"  the  word  "exclusive,"  and  insert 
after  the  word  "established"  the  word  "ex- 
clusively." 

Eecommended  by  the  * 

Committee. 
Article  135 — To  strike  out  the  entire  arti- 
cle. *       W.  H.  COOLEY, 

T.  S.  Crawford.  | 


Article  136 — To  strike  out  the  entire  afl 
cle.  W.  H.  CooLEY,  J 

T.  S.  CeawfoedI 
If  the  article  is  adopted,  we  propose  ! 
strike  out,  1st  and  2d  lines,  the  wor( 
"elected  l3y  the  quahfied  voters  of  th 
State,"  and  insert  the  words  "appointed  \ 
the  Governor."  W.  H.  Oooley, 

R.  Waples, 
T.  S.  Ceawfoed. 
To  strike  out  all  after  the  word  "law. 
4tli  line. 

Recommended  by  the 

Committee. 

Article  137 — To  strike  out  the  entire  art 
cle.  "W.  H.  Cooley, 

W.  R.  Ceane. 

Article  138 — To  strike  out  the  entire  art 
cle,  and  substitute  article  137,  of  the  m 
jority  rej^ort,  as  follows: 

Aet.  137. — The  proceeds  of  all  lane 
heretofore  granted  by  the  United  States  fi 
the  use  and  supj)ort  of  public  schools,  ar 
of  all  lands  or  other  property  which  ma 
hereafter  be  bequeathed  for  that  purpos 
and  of  all  lands  which  may  be  gi'anted  ( 
bequeathed  to  the  State  and  not  granted  ( 
bequeathed  expressly  for  any  other  purpo& 
which  may  hereafter  be  disposed  of  by  tl 
State,  and  the  proceeds  of  all  estates  of  d 
ceased  persons  to  which  the  State  may  1; 
entitled  by  law,  shall  be  held  by  the  Sta' 
as  a  loan  and  shall  be  and  remain  a  pe' 
petual  fund  on  which  the  State  shall  pays 
annual  interest  of  six  per  cent. ,  which  ii 
terest,  with  the  interest  of  the  trust  fun! 
deposited  v^^itli  this  State  by  the  Unite' 
States,  under  the  act  of  Congress  approve 
June  23,  1836,  and  the  rent  of  unsold  land 
shall  be  appropriated  to  the  support  i 
such  schools,  and  this  appropiation  shall  if i 
main  inviolable.  I 

Recommended  by  the 

Committee.  ■ 
Article  139 — To  strike  out  the  entire  art 
cle,  as  its  substantial  provisions  are  all  e: 
pressed  in  article  one  hundred  and  thirt;|| 
seven,  majority  report,  as  previously  recoD, 
mended  by  the  Committee. 
Recommended  by  the 

Committee. 
Article  140— To  strike  out  all  after  thl 
word  "whatever." 
Recommended  by  the 

Committee, 
Article  141 — To  strike  out  the  entii 
article.  [ 
Recommended  by  the 

Committee. 

Articles  144  and  145 — To  strike  out  Hi  l 
entire  articles.  W.  R.  Ceane/  ! 

Article  145 — To  strike  out  all  after 
word  "as,"  4th  line,  and  insert  the  word 
"officers  and  privates,  as  is  received  b; 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


2^- 


beer  s  and  privates  in  the  United  States 
irmy." 

Recommended  by  tlie 

Committee, 
Article  146 — To  strike  out,  3d  line,  the 

ords  ''two-thirds,"  and  insert  the  words 

amajorit}^"  W.  R.  Op.ane. 

To  insert,  5th  line,  the  word  "respec- 

ve,"  between   the  words    "their"  and 

journals." 

Recommended  by  the 

Committee. 
Article  148— To  strike  out   10th,  11th, 
5d,  24th,  25th,  26th  and  27th  lines. 

W.  H.  CoOLEY. 

Articles  152,  153,  154,  155,  156,  157,  158, 
)9  and  160 — To  strike  out  the  entire  arti- 
es,  and  insert  articles  149  and  150,  majori- 
'  report,  as  follows : 

Art.  — .  After  the  Constitution  shall 
3.ve  been  ratified,  the  President  of  the 
onvention,  or,  in  case  of  his  death  or  ab- 
ince,  the  Chief  Justice  of  the  State,  shall 
amediately  give  notice  of  the  ratification 
lereof,  and  order  an  election  of  aU  elective 
ficers  under  this  Constitution,  to  take 
lace  within  thirty  days  thereafter.  Imme- 
ately  after  the  ratification  of  this  Consti- 
ition,  the  President  of  the  Convention 
all  appoint  one  registrar  in  each  parish, 
icept  the  parish  of  Orleans,  and  one  in 
ich  district  of  the  parish  of  Orleans,  who 
laU,  each  in  his  parish  or  district,  appoint 
)mmissioners  to  hold  the  first  election 
ider  this  Constitution. 
Aet.  — .  The  election  thus  ordered  shall 
3  held  at  the  place  now  prescribed  by  law, 
id  shall  continue  two  days;  the  place  for 
)ting  to  be  kept  open  from  sun-ri&e  to  sun- 
it  each  day.  Returns  shall  be  made  in 
iplicate,  sworn  to  by  the  commissioners 
Dlding  the  election,  and  forwarded  within 
iree  days  thereafter  to  the  registrar  of  the 
Irish  or  district.  The  registrar  shall  im- 
cdiately  forward  one  copy  of  said  returns 
I  the  President  of  the  Convention,  or  in 
ise  of  his  death,  to  the  Chief  Justice  of 

le  State,  who  shall  within  days  after 

le  last  day  of  the  said  election  make  proc- 
mation  of  the  result  thereof.  All  officers 
iu8  elected  shall  enter  upon  the  discharge 
their  respective  duties  on  the  Monday 
3xt  succeeding  the  day  upon  which  the 
roclamation  heretofore  provided  for  shall 
3  made,  and  continue  in  office  until  their 
iccessors  shaU  be  inducted  into  office. 

W.  H.  CoOLEY, 
W.  R.  Crane. 
I  Article  152— To  strike  out,  1st  line,  the 
ords  "or  rejection." 
Recommended  by  the 

Committee. 
(Article  153— To  strike  out,  4th  line,  all 
t^r  the  word  "ratification,"  to  the  word 
17 


"at,"  6th  line,  and  insert  the  followingr. 
"I^or  members  of  the  General  Assembljj-. 
members  of  Congress,  and  for  State  officers  > 
to  fill  the  offices  created  by  this  Constitii-- 
tion  in  the  articles  under  the  title  of  Execu- 
tive  Department."  R.  Waples. 

Article  158 — To  strike  out  all  after  tha 
word  "1860,"  in  sixth  line. 

R.  Waples, 
W.  R.  Ceane; 
Y/.  H.  CooLEir. 

To  strike  out,  2d  line,  the  words  "Baton; 
Rouge"  and  insert  the  words  "New  Or- 
leans." W.  Crans;. 

R.  Waples; 

The  Convention  proceeded  to  take  up  the 
Constitution  from  the  printed  report  of  tlie 
special  committee. 

The  preamble,  reading  as  foUows,  was-, 
adopted: 

preamble. 

We,  the  people  of  Louisiana,  in  order  ixy- 
establish  justice,  insure  domestic  tran- 
quihty,  promote  the  general  welfare  an??. 
secure  the  blessings  of  liberty  to  ourselves/ 
and  our  posterity,  do  ordain  and  establish  i 
this  Contitution. 

Article  1,  as  follows,  was  adopted: 
constitution — title  i— bill  of  rights. 

Article  1. — All  men  are  created  free  and 
equal,  and  have  certain  inahenable  rights;  , 
among  these  are  Hfe,  liberty  and  the  pur- 
suit of  happiness.    To  secure  these  rights, 
governments  are  instituted  among  men, 

i  deriving  their  just  powers  from  the  consent 

I  of  the  governed. 

I  Mr.  Cromwell  moved  to  amend  article  2:: 
by  inserting,  3d  line,  after  the  word  Statey 
the  following  : 

Except  those  who  are  prohibited  froni' 
holding  office  by  the  third  section  of 
fourteenth  article  of  the  amendment  to- 
the  Constitution  of  the  United  States  and 
those  excluded  from  voting  by  the  acts  of 
Congress,  passed  March  2,  1867,  entitled^ 
' '  An  act  to  provide  for  the  more  efficient 
government  of  the  rebel  States,"  and  the 
acts  supplementary  thereto,  the  citizens  of 
this  State  owe  allegiance  to  the  Unitedi 
States  ;  and  this  allegiance  is  paramount  to- 
that  which  they  owe  to  the  State.  Thejr 
shall  enjoy  the  same  civil,  political,  and 
public  rights  and  privileges,  and  be  subject 
to  the  same  pains  and  penalties. 

Laid  on  the  table. 

Mr.  Wickliffe  moved  to  amend  by  insert- 
ing, 2d  line,  after  the  words  "United 
States,"  the  words  "and  subject  to  ihst 
jurisdiction  thereof." 


242 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Adopted. 

The  article,  as  amended,  reading  as  fol- 
lows, was  adopted: 

Art.  2.  All  persons,  without  regard  to 
race,  color  or  previous  condition,  born  or 
naturalized  in  the  United  States  and  subject 
to  the  jurisdiction  thereof,  and  residents  of 
this  State  for  one  year,  are  citizens  of  this 
State.  The  citizens  of  this  State  owe  allegi- 
ance to  the  United  States,  and  this  allegi- 
ance is  paramount  to  that  which  they  owe 
to  the  State.  They  shall  enjoy  the  same 
civil,  political  and  public  rights  and  privi- 
leges, and  be  subject  to  the  same  pains  and 
penalties. 

Articles  3,  4,  5  and  6  were  adopted  as 
follows : 

Art.  3.  There  shall  be  neither  slavery  nor 
involuntary  servitude  in  this  State,  other- 
wise than  for  the  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  con- 
victed. 

Art.  4.  The  press  shall  be  free  ;  every 
citizen  may  freely  speak,  wite  and  publish 
his  sentiments  on  all  subjects,  being  re- 
sponsible for  the  abuse  of  this  liberty. 

Art.  5.  The  right  of  the  jDeople  peacea- 
bly to  assemble  and  petition  the  Govern- 
ment, or  any  department  thereof,  shall 
iiever  be  abridged. 

Art.  6.  Prosecutions  shall  be  by  indict- 
ment or  information.  The  accused  shall 
be  entitled  to  a  speedy  public  trial  by  an 
impartial  jury  of  the  loarish  in  Avhich  the 
offense  was  committed,  unless  the  venue  be 
changed.  He  shall  not  be  compelled  to 
give  evidence  against  himself;  he  shall  have 
the  right  of  being  heard  by  himself  or 
counsel;  he  shall  have  the  right  of  meeting 
the  witnesses  face  to  face,  and  shall  have 
compulsory  process  for  obtaining  witnesses 
in  his  favor.  He  shall  not  be  tried  twice 
for  the  same  offense. 

Article  7  was  adopted : 

Art.  7.  .All  persons  shall  be  bailable  by 
sufficient  securities,  unless  for  capital  of- 
fenses where  the  proof  is  evident,  or  the 
presumption  great,  or  unless  after  convic- 
tion, for  any  crime  or  offense  punishable 
with  death  or  imprisonment  at  hard  labor. 
The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended. 

Mr.  Wickliffe  moved  to  amend  article  8 
by  adding: 

Nor  shall  any  person  be  arrested  or  im- 
prisoned for  debt  in  this  State. 

Mr.  Cooley  moved  to  amend  the  amend- 
mtJit  by  adding: 

Except  in  cases  where  fraud  is  charged 
3^84  sworn  to,  or  the  debtor  is  about  ab- , 


sconding  from  the  State  for  the  purpose  \ 
defrauding  his  creditor  or  creditors. 

Mr.  Bertonneau  moved  to  lay  both  tl 
amendments  on  the  table. 

Adopted. 

Mr.  Rodriguez  was  called  to  the  chair. 
Articles  8,  9  and  10  were  adopted  as  fc 
lows: 

Art.  8.  Excessive  bail  shall  not  be  n 
quired;  excessive  fines  shall  not  be  imposec 
nor  cruel,  or  unusual  punishments  infiicte( 

Art.  9.  The  right  of  the  people  to  I 
secure  in  their  x^ersons,  houses,  paj^ers  as 
effects,  against  unreasonable  searches  ac 
seizures,  shall  not  be  violated;  and  no  wai 
rant  shall  issue  but  upon  probable  causi 
supported  by  oath  or  affirmation,  and  pa 
ticularly  describing  the  place  to  be  searche< 
or  the  i^erson  or  things  to  be  seized. 

Art.  10.  All  courts  shall  be  open;  an 
every  i^erson  for  injury  done  him  in  li 
land,  goods,  person  or  reputation,  sha 
have  adequate  remedy  by  due  process  ( 
law  and  justice  administered  without  d< 
nial  or  unreasonable  delay. 

Mr.  Wickliffe  moved  to  lay  on  the  tab 
article  11  and  the  substitute  proposed. 

Lost. 

Mr.  Blackburn  moved  to  amend  the  sul 
stitute  of  Messrs.  Waples,  Crane  and  Pinclj 
back,  by  adding:  j 

Nor  shall  the  Legislature  have  power  t 
fix  the  price  of  legal  advertising  in  th 
State. 

Laid  on  the  table. 

The  substitute  was  adopted  in  lieu  of  tlj 
original,  as  follows: 

Art.  11.  No  law  shall  be  passed  fixiE 
the  price  of  manual  labor. 

Article  12  was  adopted  as  follows: 

Art,  12.  Every  person  has  the  natur; 
right  to  worship  God  according  to  the  dit 
tates  of  his  conscience.  No  religious  tei 
shall  be  required  as  a  qualification  for  offict 

The  substitute,  recommended  by  Messn 
Crane  and  Pinchback,  was  adopted  a 
article  13,  in  place  of  the  original  articl( 
reading  as  follows: 

Art.  13.  All  persons  shall  enjoy  eqii! 
rights  and  privileges  upon,  any  conveyaiM 
of  a  public  character;  and  aU  places  of  bus 
ness,  or  of  public  resort,  or  for  which  a  1 
cense  is  required  by  either  State,  parish  ( 
municipal  authority,  shall  be  deemed  placi 
of  a  public  character,  and  shall  be  opened  1 
the  accommodation  and  patronage  of  a 
persons,  without  distinction  or  discrimin! 
tion  on  account  of  race  or  color. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


2iS 


Mr.  Coolej  inoyed  to  amend  article  M  by 
adding: 

Provided,  Nothing  contained  in  article 
13  shall  be  construed  to  give  greater  rights 
to  any  i)ersons,  of  whatever  race  or  color, 
than  are  now  possessed  by  persons  of  the 
white  race. 

Laid  on  the  table. 

Mr.  Cooley  recorded  his  vote. 

I  vote  against  laying  on  the  table  the 
proviso  offered  by  me  to  article  1-4,  Bill  of 
Eights.  W.  H.  CooLEY. 

Ai'ticle  14,  as  follows,  was  adopted: 

Art.  14.  The  rights  enumerated  in  this 
title  shall  not  be  construed  to  limit  or 
abridge  other  rights  of  the  people  not  here- 
in expressed. 

Mr.  Wickliffe  moved  to  amend  article  15 
oy  striking  out  the  words  "General  Assem- 
bly," and  inserting  the  word  "Legislature." 

Lost. 

Ai-ticles  16,  17,  18  and  19  were  adopted 
IS  follows  : 

Aet.  16.  The  members  of  the  House 
)f  Representatives  shall  continue  in  offioe 
'or  two  years  from  the  day  of  the  closing  of 
he  general  elections. 

Art.  17.  Representatives  shall  be  chosen 
)n  the  first  Monday  in  November,  every 
wo  years,  and  the  election  shall  be  com- 
)leted  in  one  day.  The  General  Assembly 
hall  meet  annually  on  the  first  Monday  in 
Tauuary,  unless  a  different  day  be  ap- 
)oiuted  by  law  ;  and  their  sessions  shall 
)e  held  at  the  seat  of  Government. 

Art.  18.  Every  elector  under  this  Con- 
titution,  shall  be  eligible  to  a  seat  in  the 
louse  of  Representatives  ;  and  eve\\y 
lector  who  has  reached  the  age  of 
wenty-five  years,  shall  be  eligible  to  the  i 
Senate ;  Provided,  That  no  jjerson  shall  j 
>e  a  Representative  or  Senator,  unless  at  i 
.  he  time  of  his  election,  he  be  a  qualified  i 
lector  of  the  representative  or  senatorial  j 
istrict  from  which  he  is  elected.  \ 

Art.  19.    Elections  for  members  of  the  | 
J-eneral  Assembly  shall  be  held  at  the 
everal  election  precincts  established  by 
iw. 

The  substitute  to  article  20,  proposed 
y  the  committee,  as  follows,  was  adopted 
1  hen  of  the  original  article. 

Art.  20.  Representation  in  the  House 
f  Representatives  shall  be  equal  and  uni- 
3rm ;  and  after  the  first  General  Assembly 
lected  under  this  Constitution,  shall  be 
jscertained  and  regulated  by  the  total 
lopulation;  ea<jh  parish  in  the  State  being 
atitled  to  at  least  one  Representative.  A 


census  of  the  State  by  State  authority  shall 
be  taken  in  the  year  eighteen  hundi'ed  and, 
seventy-five,  and  every  ten  years  there 
after.  In  case  of  informality,  omission  or 
error,  in  the  census  returns  from  any  parish 
or  election  district,  the  General  xlssembly 
may  order  a  new  census  taken  in  such  parish 
or  election  district;  but  until  the  State 
census  of  eighteen  hundred  and  seventy- 
five,  the  aiDportionment  of  the  State  shall 
be  made  on  the  basis  of  the  census  of  the 
United  States  for  the  year  eighteen  hundred 
and  seventy. 

Article  21  was  adopted,  as  follows  : 

xAbt.  21.  The  General  Assembly,  at  the 
first  session  after  the  making  of  each 
enumeration,  shall  apportion  the  repre- 
sentation amongst  the  several  parishes  ancl 
representative  districts,  on  the  basis  of  the 
total  population  as  aforesaid.  A  represen- 
tative number  shall  be  fixed,  and  each 
parish  and  representative  district  shall 
have  as  many  representatives  as  the  num- 
ber of  its  total  population  will  entitle  it; 
to  have  ;  and  an  additional  representative 
for  any  fraction  exceeding  one-half  of  the 
representative  number.  The  number  of 
representatives  shall  never  exceed  one  hun- 
dred and  twenty  nor  be  less  than  ninety. 

All  the  amendments  to  article  22,  aa 
pro^Dosed  by  the  committee,  were  adopted, 
and  the  article  as  amended,  reading  as  fol- 
lows, was  adopted: 

Art.  22.  Until  an  apportionment  shall  be 
made  in  accordance  mth  the  provisions 
of  article  twenty,  the  representation  in  the 
Senate  and  House  of  ReiDresentatives  shaJI 
be  as  follovrs: 

For  the  parish  of  Orleans: 

First  Representative  District  twa 

Second       "  "  three 

Tlnrd         "  "   ....four 

Fourth       "  "   two 

Filth  "   two 

Sixth  "  "   one 

Seventh      "  "   two 

Eighth       "  "   one 

Ninth         "  "   two 

Tenth        "  "   three 

Orleans  right  bank  one 

Ascension  two 

Assumption  two 

Avoyelles  two 

Baton  Rouge,  East  three 

Baton  Rouge,  West  one 

BienviUe  one 

Bossier  two 

Caddo  three 

Calcasieu  one 

Caldwell  one 

Carroll  two 

Catahoula  .on^ 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


Claiborne  two 

Concordia   ,tYv'o 

De  Soto. . .  .•  two 

Peliciana,  East  two 

-  Feliciana,  West  one 

Franklin  one 

Iberville  two 

Jackson  one 

Jefferson  four 

Lafayette  one 

Laf  oui-che  two 

Livingston  one 

Madison  one 

Morehouse  one 

Natchitoches  two 

Ouachita  two 

Plaquemines  one 

Point  Coupee   two 

Bapides  three 

Sabine.  one 

-St.  Bernard  one 

St.  Charles  one 

St.  Helena  «...  one 

St.  James  two 

St.  John  Baptist.  one 

St.  Landry   four 

St.  Martin.  two 

St.  Mary.  two 

^St.  Tammany  one 

Tensas  two 

Terrebonne   .two 

Union   one 

Vermillion  one 

Washington  one 

Winn.  one 

Total ........  One  hundred  and  one 

And  the  State  shall  be  divided  into  the 
iollowing  senatorial  districts,  to  wit: 

The  First,  Sei^oud  and  Third  Representa- 
tive Districts  of  New  Orleans  shall  form  one 
.senatorial  district,  and  elect  three  Sen- 
ators. 

The  Fourth,  Fifth  and  Sixth  Representa- 
tive districts,  of  >«ew  Orleans  shall  form 
•one  district,  and  elect  two  Senators. 

The  Seventh,  Eighth  and  Ninth  Repre- 
sentative Districts  of  New  Orleans  and  the 
parish  of  St.  Bernard,  shall  form  one  dis- 
trict, and  elect  two  Senators. 

The  Tenth  Representative  District  of  New 
Orleans  shaU  form  a  district,  and  elect  one 
Senator. 

Orleans  right  bank  and  the  parish  of 
Plaquemines  shall  form  one  district,  and 
elect  one  Senator. 

The  parishes  of  Jefferson,  St.  Charles 
and  St.  John  Baptist  shall  form  one  dis- 
trict, and  elect  two  Senator. 

The  parishes  of  Ascension  and  St.  James 
"shall  form  one  district,  and  elect  one  Sen- 
ator. 

The  parishes  of  Assumption,  Lafourche 


and  Terrebonne  shall  form  one  districtj 
and  elect  two  Senators. 

The  parishes  of  Vermillion  and  St.  Marj 
shall  form  one  district,  and  elect  one  Sena 
tor. 

The  parishes  of  Calcasieu,  Lafayette  anc 
St.  Landry  shall  form  one  district,  anc 
elect  two  Senators. 

The  parishes  of  Livingston,  St.  Helena 
Washington  and  St.  Tammany  shall  fom 
one  district,  and  elect  one  Senator. 

The  parishes  of  Point  Coupee,  Eas 
Feliciana  and  West  Feliciana  shall  fore 
one  district,  and  elect  two  Senators. 

The  parish  of  East  Baton  Rouge  shal 
form  one  district,  and  elect  one  Senator. 

The  parishes  of  West  Baton  Rouge,  Iber 
ville  and  St.  Martin  shall  form  one  district 
and  elect  two  Senators. 

The  parishes  of  Concordia  and  Avoyell©| 
shall  form  one  district,  and  elect  one  Sen' 
ator.  j 

The  parishes  of  Tensas  and  Franklii 
shall  form  one  district  and  elect  one  Sen 
ator. 

The  parishes  of  Carroll,  Madison  an( 
Merehouse  shall  form  one  district,  ant 
elect  two  Senators. 

The  parishes  of  Ouachita  and  Caldwel 
shall  form  one  district,  and  elect  om 
Senator. 

The  parishes  of  Jackson  and  Union  shalj 
form  one  district,  and  elect  one  Senator. 

The  parishes  of  Bossier,  Bienville  an<l 
Claiborne  shall  form  one  district,  and  eleci 
two  Senators. 

The  parish  of  Caddo  shall  form  one  dis 
trict,  and  elect  one  Senator. 

The  parishes  of  DeSoto,  Natchitoches  an( 
Sabine  shall  form  one  district,  and  eleo 
two  Senators. 

The  parish  of  Rapides  shall  form  one  dis 
trict,  and  elect  one  Senator. 

The  parisliea  of  Catahoula  and  Winr 
shall  form  one  district,  and  elect  one  Sen 
ator.  ' 

Thirty-six  Senators  in  all. 

Articles  23.  24  and  25,  as  foUow,  wer 
adopted : 

Akt.  23.  The  House  of  Representative 
shall  choose  its  Speaker  and  other  officers 

Akt.  24.  Electors,  in  all  cases  excep 
treason,  felony  or  breach  of  the  peace 
shaU  be  privileged  from  arrest  during  thei 
attendance  on,  going  to  and  returning  froi 
elections. 

Art.  25.  At  its  first  session  under  thi 
Constitution,  the  General  Assembly  sha. 
provide  by  law  that  the  names  and  res; 
dence  of  all  qualified  electors  shall  be  regis 
tered,  in  order  to  entitle  them  to  vote,  hn 
the  registry  shaU  be  free  of  cost  to  tb 
elector. 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


245 


'  Mr.  Crane  asked  to  record  his  vote  no, 

:pon  the  adoption  of  article  25. 

i  Mr.  Wickliffe  moved  to  strike  out  article 

16. 

Lost. 

i  Article  26  was  adopted,  as  follows: 
i  Art.  26.  No  person  shall  he  entitled  to 
ote  at  any  election  held  in  this  State,  ex- 
ppt  in  the  parish  of  his  residence  and  at 
16  election  precinct  in  which  he  is  regis- 
jred;  Provided,  That  no  voter  in  remov- 
ig  from  one  parish  to  another,  shall  loose 
le  right  to  vote  in  the  former  until  he  has 
pquired  it  in  the  latter, 
i  The  amendment  proposed  by  the  com- 
dttee  to  article  27  was  adopted,  and  the 
rticle,  as  amended,  was  adopted,  as  follows : 

Aet.  27.  The  members  of  the  Senate 
lall  be  elected  for  the  term  of  four  years; 
ad  when  assembled,  the  Senate  shall  have 
ower  to  choose  its  own  officei*s,  except  as 
ereinafter  provided. 

Article  28,  as  follows,  was  adopted: 

Art.  28.  The  General  Assembly  shall 
ivide  the  State  into  senatorial  districts 
henever  it  apportions  representation  in 
le  House  of  Kepresentatives. 

Article  29,  amended  as  proposed  by  the 
Dmmittee,  was  adopted  as  follows: 

Art.  29.  No  parish  shall  be  divided  in 
le  formation  of  a  senatorial  district,  the 
arish  of  Orleans  excepted  ;  and  whenever 

new  parish  shall  be  created,  it  shall  be 
:.tached  to  the  senatorial  district  from 
hich  most  of  its  territory  is  taken,  or  to 
lother  continguous  district,  at  the  discre- 
on  of  the  General  Assembly;  but  shall  not 
3  attached  to  more  than  one  district.  The 
Limber  of  Senators  shall  be  thirty-six;  and 
ley  shall  be  apportioned  among  the  seua- 
)rial  districts  according  to  the  total  popu- 
-tion  of  said  districts. 

Mr.  Cromwell  moved  that  when  the  Con- 
sntion  adjourns  it  adjonm  to  meet  on 
7 ednesday  next  at  10  a.  m. 

Adopted. 

Article  30,  amended   as  proposed,  by 
i-iking  out  the  word  ''whole,"  2d  Une, 
)  ias  adopted,  as  follows: 

Art.  30.  In  all  apportionments  of  the 
eiiate,  the  total  population  of  the  State 
lall  be  divided  by  the  number  thirty-six, 
ad  the  result  produced  by  this  division 
lall  be  the  senatorial  ratio  entitKng  a  sena- 
u'ial  district  to  a  Senator. 
■  Single  or  contiguous  parishes  shall  be 
')rmed  into  districts  having  a  population 
le  nearest  possible  to  the  number  entitling 

district  to  a  Senator;  and  if  the  appor- 


tionment to  make  a  parish  or  district  fall 
short  of,  or  exceed  the  ratio,  then  a  dis- 
trict may  be  formed,  having  not  more  than 
two  Senators,  but  not  otherwise.  No  new 
apportionment  shall  have  the  effect  of 
abridging  the  term  of  service  of  any  Sena- 
tor akeady  elected  at  the  time  of  making 
the  apportionment.  After  an  enumeration 
has  been  made,  as  directed  in  the  twentieth 
article,  the  General  Assembly  shall  not  i3ass 
any  law  till  an  apportionment  of  representa- 
tion in  both  Houses  of  the  General  Assem- 
bly be  made. 

Mr.  Packard  moved  to  adopt  the  amend- 
ments of  the  committee  to  article  31,  ex- 
cept the  words  *'or  more."  The  amend- 
ments were  so  adopted,  and  the  article,  as 
amended,  and  reading  as  foUows,  was 
adopted: 

Art.  31.  At  the  first  session  of  the  Gen- 
eral Assembly  after  this  Constitution  goes 
into  effect,  the  senators  shall  be  divided 
equally  by  lot  into  two  classes;  the 
seats  of  the  senators  of  the  first  class 
to  be  vacated  at  the  expiration  of  the 
term  of  the  firot  House  of  Representatives; 
those  of  the  second  class,  at  the  expiration, 
of  the  term  of  the  second  House  of  Repre- 
sentatives; so  that  one-half  shall  be  chosen 
every  two  years  successively.  When  a  dis- 
trict shall  have  elected  two  Senators,  their 
respective  terms  of  office  shall  be  deter- 
mined by  lot  b3tween  themselves. 

The  Convention  took  a  recess  until  7  P.  M. 

The  Convention  reassembled  at  7  p.  m. 

The  roll  was  called  and  the  following: 
members  answered  to  their  names;  and  na 
quorum  being  present,  took  a  recess  for  half 
an  hour: 

President  J.  G.  Taliaferro;  Messrs.  Ber- 
tonneau,  Bonnefoi,  Burrel,  Cooley,  Crane,. 
Crawford,  Dearing,  Deslonde  P.  G.,  Du- 
pleesis,  Francois,  Ferguson,  Guichard,  Har- 
per, Harris,  Hempstead,  Ingraham,  Isa- 
belle  T.,  Jones,  Kelso,  Landers,  Lange,. 
Leroy,  Lewis  R.,  Meadows,  McLeran, 
Moses,  Oliver,  Packard,  Pinchback,  Poin- 
dexter,  Schwab,  Thibaut,  Twitchell,  Wick- 
liffe, Wilson — 36  members  i^resent. 

At  the  expiration  of  the  half  hour  the 
President  called  the  Convention  to  order. 
The  roll  was  called  and  the  following  mem- 
bers answered  to  their  names: 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine,  Bortonneau,  Blackburn,  Bonnefoi, 
Burrel,  Crane,  Crawford,  Bearing,  P.  G. 
Deslonde,  Franc*  is,  Guichard,  Harper, 
Harris,  Hempstead,  Ingraham,  Thos.  Isa* 


246 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


beUe,  Kelso,  Landers,  Lange,  Leroy,  R. 
Lems,  Meadows,  McLeran,  Moses,  Murrel, 
Newsliam,  Oliver,  Packard,  Pierce,  Pincli- 
back,  Poindexter,  Schwab,  Tliibaut,  Twit- 
cheU,  Vidal,  Waples,  Wickliffe,  Williams, 
Wilson— :40  members  present. 

There  being  no  quorum,  the  Convention 
S,djourned  till  Wednesday,  at  10  a.  m. 

Mr.  Hempstead  asked  to  record  his  vote 
710,  on  the  adjournment,  with  the  following 
reasons : 

As  I  wish  to  complete  the  work  of  this 
Convention  as  soon  as  possible,  I  vote  no 
on  the  motion  to  adjourn. 

A  true  copy: 

WM.  VIGERS,  Secretary. 

SEVENTY-SECOND  DAY. 
New  Orleans,  Wednesday,  Feb.  26,  1868. 

The  Convention  met  pursuant  to  ad- 
journment, and  was  called  to  order  by  the 
President. 

The  roll  was  called,  and  the  following 
members  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine,  Baker,  Bonnefoi,  Brown,  Burrel, 
Butler,  Cooley,  Cromwell,  Cuney,  Dearing, 
Depasseau,  P.  G.  Deslonde,  Donato,  Doug- 
las, U.  Dupart,  Duplessis,  Ferguson,  Gardi- 
ner, Harris,  Ingraham,  R.  H.  Isabelle, 
Thos.  Isabelle,  Jackson,  Jones,  Kelso, 
Leroy,  R.  Lewis,  Meadows,  Moses,  Murrel, 
3Iyers,  Oliver,  Packard,  Pierce,  Poindex- 
ter, Pollard,  Riard,  Riggs,  Rodriguez, 
Bchwab,  Thibaut,  Twitchell,  Underwood, 
Valfroit,  Vidal,  Wickliffe,  Williams, 
Wilson— ^9  members  present. 

The  minutes  were  read  and  adopted. 

ORIGINAL  RESOLUTIONS. 

By  Mr.  Underwood: 

Resolved,  That  the  office  of  Assistant  Sec- 
fetary  be  declared  vacant,  such  vacancy  to 
date  from  February  1,  1868. 

The  rules  were  suspended  and  the  reso- 
lution was  adoi3ted. 

Mr.  Blackburn  called  up  his  resolution  of 
Pebruary  24,  as  follows: 

Whereas,  The  loyal  people  of  Louisiana, 
in  accordance  with  the  enactments  of  a 
loyal  Federal  Congress,  have  elected  dele- 
gates to  a  Constitutional  Convention,  for 
the  purpose,  as  directed  by  the  said  Con- 
gressional enactments,  to  frame  a  Constitu- 
tion and  form  a  civil  government  loyal  to 
the  Union;  and 

Whereas,  The  said  Constitutional  Con- 
vention is  now  al^out  through  with  its  work, 
»aid  will  soon  submit  its  Constitution  for 


ratification  or  rejection,  with  its  jDlan  of  a 
civil  State  Government  loyal  to  the  Union;, 
therefore,  be  it 

Resolved  by  the  Constitutional  Convention 
of  Louisiana  as  aforesaid,  That  a  respectful 
but  solemn  x^rotest  is  hereby  entered,  in 
the  name  of  a  down-trodden  and  oppressed 
people,  against  the  enactment,  by  military 
order  or  otherwise,  of  any  appropriation 
acts  of  a  Legislature  known  to  have  been 
hostile  to  a  loyal  reconstruction  of  the  Gov- 
ernment. A  Legislature  which  boldly  and 
defiantly  proposes  to  appropriate  thousands 
upon  thousands  of  dollars  to  test  the  con- 
stitutionality of  the  acts  of  Congress  under 
the  authority  of  which  this  Convention  was 
convoked  and  convened  ;  and  more  espe- 
cially is  a  protest  hereby  most  respectfully, 
but  not  the  less  earnestly,  entered  against 
the  forced  collection  of  any  taxes  "in 
greenbacks"  from  and  upon  said  treasona- 
ble so-called  State  Legislature  for  the  pur- 
pose of  paying  the  salaries  of  civil  officers 
in  our  midst,  kno"v\ai  to  be  hostile  to  the 
objects  and  purposes  for  which  this  Con- 
vention was  called  into  power  by  the  legal 
law-making  power  of  a  loyal  nation. 

Resolved,  That  a  copy    of  this,  signed 
officially  by  the  President  of  the  Conven- 
tion, and  duly  attested  by  the  Secretary 
thereof,  be  forwarded  to  the  President  o\ 
the  Senate  of  the  United  States,  to  the 
Speaker  of  the  House  of  Representatives 
and  to  Gen.  Grant. 
And  moved  to  adopt. 
Laid  on  the  table. 
By  Mr.  Moses  : 

Resolved,  That  no  member  shall  be  al 
lowed  to  speak  more  than  five  minute! 
ui3on  any  subject  without  the  consent  o\ 
the  whole  Convention. 
Adopted. 

By  Mr.  S.  R.  Moses  : 
Resolved,  That  no  members  shall  be  al 
lowed  any  per  diem  for  his  services  in  thi 
Convention  who  are  not  here  to  sign  thi 
Constitution,  except  they  are  sick  in  thi 
city. 

And  moved  to  adopt. 
Laid  on  the  table. 

uneinished  business. 
The  consideration  of  the  Constitutioi 
from  the  printed  report  of  the  special  com 
mittee  being  in  order,  articles  32,  33,  3 
and  35  were  adopted,  reading  as  follows: 

Art.  32.  The  first  election  for  Senator 
shall  be  held  at  the  same  time  with  th 
election  for  Representatives;  and  thereaJ 
ter  there  shall  be  elections  of  Senators  a 
the  same  time  with  each  general  election  0 


JOUKXAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


247 


?presentatiyes,  to  fill  the  places  of  those 
mators  whose  term  of  office  may  have  ex- 
red. 

Akt.  33.  Not  less  than  a  majority  of  the 
: embers  of  each  House  of  the  General  As- 


ford,  Cromwell,  Cnne}",  D earing,  Demarest 
Depasseaii,  Deslonde  P.  G.,Donato,  Doug- 
las, DujDarte  G.,  Dupart  U.,  Duplessis,  Es- 
nard,  Erancois,  Ferguson,  Gardiner,  Hani- 
son,  Ingraham,  Isabelle  T.,  Kelso,  Landers, 


■mbly  shall  form  a  quorum  to  transact ';  Leroy,  Lewis,  Martin,  Morris,  Moses, 
isiness;  but  a  smaller  number  may  ad-  Mushaway,  Myers,  Pierce,  Pinchback,  Poin- 


urn  from  day  to  day,  and  shall  have  full  dexter,  Kiard, 


)wer  to  compel  the  attendance  of  absent 
embers. 

Aet.  34.  Each  House  of  the  General  As- 
mbly  shall  judge  of  the  qualifications, 
action  and  return  of  its  members;  but  a 
-utested  election  shall  be  determined  in 
cli  manner  as  may  be  i^rescribed  by  law. 
Art.  35.  Each  House  of  the  General  As- 
mbly  may  determine  the  rules  of  its  pro- 
edings,  punish  a  member  for  disorderly 
nduct,  and  with  a  concurrence  of  two- 
irds,  expel  a  member;  but  not  a  second 
ne  for  the  same  offense. 


Rodriguez,  Smith, 


^  Snaer,  Steele,  Thibaut,  TwitcheU,  Yander- 
j  griff,  Waples — 49  yeas. 

!  Nays:  Blackburn,  Burrel,  Harper,  Hemp- 
I  stead,  Isabelle  R.  H. ,  Jones,  Lange,  Marie, 
I  Massicot,  Meadows,  Murrel,  Newsham,  Oli- 
\  ver,  Packard,  Pollard,  Reese,  Schwab,  Val- 
jfroit,  Yidal,  Wicklifte,  Williams,  Wilson — 
I  22  nays. 

I  Article  39,  as  amended,  was  adopted, 
reading  as  follows : 

Art.  39,  The  members  of  the  General 


Assembly  shall  receive   from   the  iDublic 
T  J  1  •  Treasury  a  compensi-ition  for  their  s€r\-ices, 

Ai'ticle  36,  amended  by  striking  out  the  ,  ^^j^i^.l^  sliaU  be  eight  dollars  per  day  during 
Drd  "own, "  2d  line,  was  adopted,  reading '  " 
follows : 

Art.  36.  Each  House  of  the  General  As- 
mbly  shall  keep  and  publish  weekly,  a 
urnal  of  its  proceedings;  and  the  ayes  and 
lys  of  the  members  on  any  question,  at 
.e  desire  of  any  two  of  them,  shall  b^  en- 
red  on  the  journal. 

Articles  37  and  38  were  adopted  as  fol- 
ws  : 

Art.  37.    Each  House  may  punish  by 


their  attendance,  going  to  and  returning 
from  the  sessions  of  their  respective  Houses. 
This  compensation  may  be  increased  or 
I  diminished  by  law,  but  no  alteration  shall 
j  take  effect  during  the  period  of  service  of 
I  the  members  of  the  House  of  Representa- 
tives by  which  such  alteration  shall  have 
been  made.  No  session  shall  extend  beyond 
the  period  of  sixty  days,  to  date  from  its 
commencement;  and  any  leginiative  action 
had  after  the  expiration  of  said  period  of 
sixtv  davs  shall  be  null  and  void;  but  the 

I 
I 


iprisonment,  any  person  not  a  mem- 1  first  General  Assembly  that  shall  convene 
T,   for   disrespect   and    disorderly    be- 1  after  the  adoption  of  this  Constitution,  may 

'  continue  in  session  for  one 


LVior  m  its  presence,  or  for  obstruct- 
g  any  of  its  proceedings  ;  such  imprison- 
ent  shall  not  exceed  ten  days  for  any  one 
Fense. 

Art.  38.  Neither  House  shall 
r  more  than  three  days,  nor 
her  place  than  that  in  which 
3  sitting,    during   the  sessions 


adjourn 
to  any 
it  may 
of  the 


eneral  Assembly  without  the  consent  of 
le  other. 

In  article  39,  3d  line,  the  words  ' '  Gen- 
•al  Assembly"  were  stricken  out,  and  the 
ords  "House  of  Representatives"  were 
iserted  in  lieu  thereof. 
The  second  amendment  proposed  by  the 
)mmittee  to  strike  out  all  after  the  word 
but,"  11th  line,  and  insert  the  words 
the  first  General  Assembly  that  shall 
)nyene  after  the  adoption  of  this  Con- 
itution,  may  continue  in  session  for 
le  hundred  and  twenty  days,"  was 
1  opted— ayes  50,  nays  22— as  follows  : 
Yeas:  Baker,  Bertonneau,  Blandin,  Bon- 
afoi,  Brown,  Butler,  Cooley,  Crane,  Craw- 


for  one  hundred  and 
twenty  days. 

Article  40,  amended  by  striking  out,  2d 
line,  "and,"  and  inserting  "or,"  was  adopt- 
ed as  follows : 

Art.  40.  The  members  of  the  General 
Assembly,  in  all  cases  except  treason,  felony 
or  breach  of  the  i3eace,  shall  be  privileged 
from  arrest  during  their  attendance  at  the 
sessions  of  their  respective  houses,  and 
going  to  or  retui-uing  from  the  same;  and 
!  for  any  speech  or  debate  in  either  House 
shall  not  be  questioned  in  any  other  j^lace. 

Article  41,  amended  by  striking  out,  6th 
line,  "except  to  such  offices  as  may  be 
filled  by  an  election  by  the  people,"  was 
adopted  as  follows : 

Art.  41.  No  Senator  or  Representative 
during  the  term  for  v/hich  he  was  elected, 
nor  for  one  year  thereafter,  sh.dl  be  ap- 
pointed to  any  civil  office  of  profit  under 
this  State,  which  shall  have  been  created, 
or  the  emoluments  of  wJnch  may  have  been 
increased  during  the  time  such  Senator  or 
Re|)resentative  was  in  office. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Article  42,  amended  by  strking  out  the 
^ord  "over,"  2d  line,  and  the  words  "in 
-sCise  of  urgency,"  3d  line,  was  adopted  as 
follows : 

Akt.  42.  No  bill  shall  have  the  force  of  a 
law,  until  on  three  several  days  it  be  read 
In.  each  House  of  the  General  Assembly, 
iiad  free  discussion  allowed  thereon;  unless 
four-fifths  of  the  House  where  the  bill  is 
pending,  may  deem  it  expedient  to  dis- 
pense with  this  rule. 

Article  43,  amended  by  striking  out,  3d 
line,  the  word  "new,"  was  adopted  as  fol- 
lows: 

Akt.  43,  All  bills  for  raising  revenue 
skall  originate  in  the  House  of  Rex^resenta- 
tives;  but  the  Senate  may  propose  amend- 
ments as  in  other  bills;  Provided,  It  shall 
not  introduce  any  matter  under  the  color 
^  of ,  an  amendment,  which  does  not  relate  to 
raiising  revenue. 
Article  44,  as  follows,  was  adopted  : 
Art.  4A.    The  General  Assembly  shall 
:  regulate  by  whom,  and  in  what  manner, 
writs  of  election  shall  be  issued  to  fiU  the 
-vacancies  which  may  occur  in  either  branch 
^thereof. 

Article  45,  amended  by  striking  out,  1st 
Iline,  the  words  "the  Senate  shall  vote" 
■-and  inserting,   3d  line,   after  the  word 

Senate,"  the  words  "the  vote  shall  be 
taken,"  was  adopted,  as  follows  : 

Aet  45.  On  the  confirmation  or  rejec- 
tion  of  the  officers  to  be  appointed  by  the 
"Governor  -udth  the  advice  and  consent  of 
the  Senate,  the  vote  shall  be  taken  by  yeas 
and  nays  ;  and  the  names  of  the  Senators 
"*roting  for  and  against  the  appointments 
respectivety,  shall  be  entered  on  the 
journals  to  be  kept  for  the  pui-pose,  and 
made  public  on  or  before  the  end  of  each 
-■session. 

Ajrticle  46,  as  follows,  was  adopted: 

Art.  46.  Returns  of  all  elections  for  mem- 
'i>ers  of  the  General  Assembly  shall  be  made 
to  the  Secretary  of  State. 

Article  47,  amended  by  inserting  "Gen- 
eral Assembly,"  in  place  of  "Legislature," 
-was  adopted,  as  follows: 

Akt.  47.  In  the  year  in  which  a  regular 
-election  for  a  Senator  of  the  United  States 
is  to  take  place,  the  members  of  the  General 
Assembly  shall  meet  in  the  Hall  of  the 
House  of  Representatives  on  the  second 
3Ionday  following  the  meeting  of  the  Gen- 
cfiral  Assembly  and  proceed  to  said  election. 

Title  2,  of  the  Constitution  as  hereihbe- 
Jjore  amended,  vras  adopted  as  a  whole. 


I    Article  48  was  adopted,  as  follows: 
I        titi^e  III — executive  depaetmext. 
j    Aet.  48.  The  supreme  executive  powi 
j  of  the  State  shall  be  vested  in  a  Chief  Magj 
I  trate,  who  shall  be  styled  the  Governor 
the  State  of  Louisiana.    He  shall  hold  h 
:  office  during  the  term  of  four  years,  an 
j  together  mth  the  Lieutenant  Governor, 
I  chosen  for  the  same  term,  be  elected  as  fol- 
j  lows :  The  qualified  electors  for  represeut- 
latives  shall  vote  for  Governor  and  Lieute- 
I  nant  Governor  at  the  time  and  place  of 
I  voting  for  representatives;  the  returns  of 
every  election  shall  be  sealed  up  and  tranS' 
mitted  by  the  proper  returning  officer  to  the 
Secretary  of  State,  who  shall  dehver  them 
to  the  Speaker  of  the  House  of  Represents 
tives  on  the  second  day  of  the  session 
of  the  General   Assembly    then    to  be 
hoiden.    The  members  of  the  General  As 
sembly  shall  meet  in  the  House  of  Repre- 
sentatives to  examine  and  count  the  votes. 
The  person  having  the  greatest  number  of 
votes  for  Governor  shall  be  declared  dulj 
elected;  but  in  case  of  a  tie  vote  between 
two  or  more  candidates,  one  of  them  shall 
immediately  be  chosen  Governor  by  joint 
vote  of  the  members  of  the  General  Assem 
I  bly.    The  person  having  the  greatest  num- 
ber of  votes  polled  for  Lieutenant  Gover 
nor  shall  be  Lieutenant  Governor;  but  in 
case  of  a  tie  vote  between  two  or  more  can- 
didates, one  of  them  shall  be  immediately 
chosen  Lieutenant  Governor  by  joint  vote 
of  the  members  of  the  General  Assembly. 

Mr.  Oliver  moved  to  lay  the  amendment 
to  article  49,  proposed  by  Messrs.  Cooley, 
Crawford,  Crane  and  Waples.  on  the  table. 
Adopted — ayes  62,  nays  13 — at-  follows  : 

Ayes:  Antoine,  Baker,  Belden,  Berton- 
neau,  Blackburn,  Blandin,  Bonnefoi,  Bur- 
rel,  Cromwell,  Cuney,  Bearing,  Demarest, 
P.  G.  Deslonde,  Donato,  Douglas,  U.  Du-j 
part,  Duplessis,    Esnard,   Francois,  Gar- 
diner, Harper,  Harris,  Hempstead,  Ingra- 
ham,  R.  H.  Isabelle,  T.   Isabelle,  Jones, 
Kelso,  Landers,  Lange,  Leroy,  J.  B.  Lewis, 
Marie,  Martin,  Massicot,  Meadows,  Morris, 
Moses,  Murrel,  Myers,  Newsham',  OUver, 
Packard,     Pierce,     Pinchback,  Pollard,; 
Reese,  Riard,  Riggs,  Schwab,  Smith,  Snaer, 
I  Steele,  Thibaut,  TwitcheU,  Valfroit,  Van- 1 
Idergriff,   Yidal,  Waples,    Wickliflfe,  Wil- 
i  liams,  Wilson — 62  ayes, 
j    Nays:  Brown,  Butler,    Cooley,  Crane, 
I  Crawford,  Depasseau,   G.   Duparte,  Fer- 
'  guson,    Harrison,    Jackson,  Mushaway, 
Poindexter,  Rodriguez — 13  nays. 
Article  49  was  adopted,  as  follows: 
Akt.  49.  No  person  shall  be  eligible  to  ! 
the  office  of  Governor  or  Lieutenant  Gov- 
ernor, who  is  not  a  citizen  of  the  United 


JOL'EXAL  OF  THE  COXSTITUTIOXAL  CO^v^^EXTIOX. 


249 


Src.tes,  p.n.l  a  resident  of  this  State  two 
yefci's  next  preceding  his  election. 

Articles  50,  51,  52,  53,  54,  55  and  56  "^-ere 
adopted,  as  follows: 

Abt.  50.  The  Governor  shall  be  ineligible 
for  the  succeeding  four  years  after  the  ex- 


piration of  the  time  for  which  he  shah  have 
been  elected. 

Abt.  51.  The  Governor  shall  enter  on  the 
discharge  of  his  duties  on  the  second  Mon- 
day in  January  next  enstiing  his  election, 
and  shaU  continue  in  office  until  the  Mon- 
day next  succeeding  the  do.y  that  his  suc- 
cessor shall  be  declared  duly  elected,  and 
shall  have  taken  the  oath  or  affirmation  re 
quired  by  the  Constitution. 

Art.  52.  No  member  of  Congress,  or  any  ' 
person  holding  office  under   the   United  ; 
States  Goveronment,  shall  be  eligiole  to  the  ; 
office  of  Governor  or  Lieutenant  Governor,  i 
Abt.  53.  In  case  of  impeachment  of  the  i 
Governor,  Ms  removal  from  office,  death,  | 
refusal  or  inability  to  quaUfy,  or  to  discharge  ; 
the  powers  and  duties  of  his  office,  resig-  \ 
nation  or   absence   from   the   State,  the  : 
powers  and  duties  of  the  office  shall  de-  \ 
volve  upon  the  Lieutenant  Governor  for : 
the  residue  of  the  t^rm,  or  until  the  Gov- ; 
ernor,  absent  or  impeached,  shall  return  or  : 
be  acquitted,  or  the  disability  be  removed.  ' 
The  General  Assembly  may  provide  by  law  ' 
for  the   case    of  removal,  impeachment, 
death,  resignation,  disability  or  refusal  to 
qualify,  of  both  the  Governor  and  the  Lieu- 
tenant Governor,    declaring   what  officer 
shall  act  as  Governor;  and  such  officer  shall 
act  accordingly,  until  the  disability  be  re- 
moved, or  for  the  remainder  of  the  term.  ; 

AsT.  54.  The  Lieutentant  Governor  or 
officer  discharging  the  duties  of  Governor, 
shall,  during  his  administration,  receive 
the  same  compensation  to  which  the  Gov- 
ernor would  have  been  entitled  had  he  con- 
tinued in  office.  \ 
Art.  55.  The  Lieutenant  Governor  shall, 
by  wlrttie  of  his  office,  be  President  of  the 
Senate,  but  shall  only  vote  when  the  Senate  , 
is  equally  divided.  Whenever  he  shall  ad- 
minister the  government,  or  shall  be  tmable 
to  attend  as  President  of  the  Senate,  the 
Senators  shall  elect  one  of  their  own  mem- 
bers as  President  of  the  Senate  for  the  time 
being. 

Art.  56.  The  Governor  shall  receive  a 
salary  of  eight  thousand  dollars  per  annum, 
payable  quarterly,  on  his  ov>-n  warrant. 

The  following  substitute  to  article  57, 
proposed  by  Mr.  Pinchback,  in  lieu  of  arti- 
cle 57,  was  ador)ted  as  follows: 

Art.  57,  The  Lieutenant  Governor  shall 
receive  a  salary  of  three  thousand  dollars 


per  annum,  payable  quarterly  upon  his 
own  warrant. 

Ayes  51,  nays  20,  as  follows : 

Ayes  :  Antoine,  Belden,  Bertonneau, 
Blandin,  Brown,  Burrel,  Cromwell,  Cuney, 
Demarest,  P.  G.  Deslonde,  Donato,  Doug- 
la=',  U.  Dupart,  Duplessis,  Esnard,  Fran- 
cois, Gardiner,  Harper,  Harris,  Hemp- 
stead, Ingraham,  R.  H.  Isabelle,  Thomas 
Isabelle,  Jones,  Landers,  Lange,  Leroy, 
E,ichard  Lewis,  Marie,  Martin,  Massicot, 
Meadows,  Morris,  Moses,  Myers  Newsham, 
Oliver,  Packard,  Pierce,  Pinchback,  Pol- 
lard, Smith,  Snaer,  Steele,  Thibaut,  Yal- 
froit,  Yandergriif,  Yidal,  Wickliffe,  Wil- 
liams, "Wilson — 51  ayes. 

iS  ays :  Baker,  Blackburn,  Bonnefoi, 
Butler,  Cooley,  Crane,  Crawrord,  Bear- 
ing, G.  Duparte,  Ferguson,  Harrison, 
Kelso,  Mushaway,  Reese,  Riard,  Riggs, 
Rodriguez,  Schwab,  TvtitcheU,  Waples — 20 
nays. 

Articles  58,  59,  60,  61,  62,  63,  64  and  65 
were  adopt^ed,  as  follows: 

Art.  58.  The  Governor  shall  have  power 
to  grant  reprieves  for  aU  offenses  against 
the  State,  and,  except  in  cases  of  impeach- 
ment, shall,  with  the  consent  of  the  Senate, 
have  power  t-o  grant  pardons,  remit  fines 
and  forfeitures,  after  conviction.  In  cases 
of  treason,  he  may  grant  rejmeves  until 
the  end  of  the  next  session  of  the  General 
Assembly,  in  which  the  power  of  pardoning 
shall  be  vested.  In  cases  when  the  punish- 
ment is  not  imprisonment  at  hard  labor, 
the  x^arry  upon  being  reprieved  by  the  Gov- 
ernor, shall  be  released  if  in  actual  custody, 
until  final  action  by  the  Senate. 

Art.  59.  He  shall  be  Commander-in  -Chief 
of  the  Militia  of  this  Stat-e,  except  when 
they  shall  be  called  into  the  service  of  the 
United  Stat-es. 

Art.  60.  He  shall  nominat-e,  and,  by  and 
vriih  the  adduce  and  consent  of  the  Senate, 
appoint  all  officers  whose  offices  are  estab- 
lished by  the  Constitution,  and  vvdiose  ap- 
pointments are  not  herein  otherwise  pro- 
>'ided  for ;  Provided,  however,  that  the 
General  Assembly,  shall  have  a  right  to 
prescribe  the  mode  of  appointment  to  aR 
other  offices  established  by  laAv. 

Art.  61.  The  Governor  shall  have  power 
to  fill  vacancies  that  may  happen  during 
the  recess  of  the  Senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of 
the  next  session  thereof,  unless  otherwise 
provided  for  in  this  Constitution;  but  no 
person  who  has  been  nominated  for  office 
and  rejected  by  the  Senate,  shall  be  ap- 
pointed to  the  same  office,  during  the  recess 
j  of  the  Senate. 

!  AjiT.  62.  He  may  require  information  in 
writing,  from  the  officers  in  the  Executive 


250 


JOURNAL  OF  THE  CONSTITUTIO^TAL  CONVENTION. 


Department,  upon  any  subject  relating  to 
the  duties  of  their  respective  offices. 

Art.  Go.  He  shall,  from  time  to  time, 
give  the  General  Assembly  inf  ormatioji  re- 
specting the  situation  of  the  State,  and  re- 
commend to  their  consideration  such  meas 
iires  as  he  may  deem  expedient. 

Art.  64.  He  may,  on  extraordinary  oc- 
casions, convene  the  G  eneral  Assembly  at 
the  seat  of  government,  or  at  a  different 
place  if  that  should  have  become  danger- 
ous from  an  enemy  or  from  epidemic ;  and 
in  case  of  disagreement  between  the  two 
houses  as  to  the  time  of  adj  Durnment,  he 
may  adjourn  them  to  such  time  as  he  may 
think  proper,  not  exceeding  four  months. 

Art.  65.  He  shall  take  care  that  the  laws 
be  faithfully  executed. 

Article  66,  amended  by  substituting,  8th 
line,  the  words  "likewise  be,"  for  "be  like- 
wise," was  adopted  as  follows: 

Art.  66.  Every  bill  which  shall  have 
passed  both  Houses  shall  be  presented  to 
the  Governor;  if  he  approve,  he  shall  sign 
it;  if  he  do  not,  he  shall  return  it  v/ith  his 
objections  to  the  House  in  which  it  originat- 
ed, which  shall  enter  the  objections  at 
large  upon  its  journal,  and  proceed  to  re- 
consider it.  If,  after  such  reconsidera- 
tion, two-thirds  of  all  the  members 
present  in  that  House  shall  agree  to 
pass  the  bill,  it  shall  be  sent  with  the  objec- 
tions to  the  other  House,  by  which  it  shall 
likewise  be  reconsidered;  and  if  approved 
by  two-thirds  of  the  members  present  in 
that  House,  it  shall  be  a  law.  But  in  such 
cases  the  vote  of  both  Houses  shall  be  de- 
termined by  yeas  and  nays,  and  the  names 
of  members  voting  for  or  against  the  bill 
shall  be  entered  on  the  journal  of  each 
House  respectively.  If  any  bill  shall  not 
be  returned  by  the  Governor  within  five 
days  after  it  shall  have  been  presented  to 
him,  it  shall  be  a  law  in  like  manner  as  if 
he  had  signed  it;  unless  the  General  As- 
sembly by  adjournment,  prevent  its  return; 
in  which  case  the  said  bill  shall  be  returned 
on  the  first  day  of  the  meeting  of  the  Gen- 
eral Assembly  after  the  expiration  of  said 
five  days,  or  be  a  laAv. 

Articles  67.  68,  69,  70,  71,  72,  73  and  74 
were  adopted  as  follows: 

Art.  67.  Every  order,  resolution  or  vote, 
to  which  the  concurrence  of  both  Houses 
may  be  necessary,  except  on  a  question  of 
adjournment,  shall  be  presented  to  the 
Governor,  and  before  it  shall  take  effect,  be 
approved  by  him,  or,  being  disapproved, 
shall  be  repassed  by  two-thirds  of  the  mem- 
bers present. 

Art.  68.  There  shall  be  a  Secretary  of 
State,  who  shall  hold  his  office  during  the 


term  for  which  the  Governor  shall  have 
been  elected.  The  records  of  the  State 
shall  be  kept  and  preserved  in  the  office  of 
the  Secretary;  he  shall  keej)  a  fair  register 
of  the  official  acts  and  proceedings  of  the 
Governor,  and  when  necessary  shall  attest 
them;  he  shall  when  required,  lay  the  said 
register,  and  all  j^apers,  minutes  and 
vouchers,  relative  to  his  office,  before  either 
House  of  the  General  Assembly,  and  shall 
perform  such  other  duties  as  may  be  en- 
joined  on  him  bylaw. 

Art.  69.  There  shall  be  a  Treasurer  of 
the  State,  and  an  Auditor  of  PubKc 
Accounts,  who  shall  hold  their  respective 
offices  during  the  term  of  four  years.  At 
the  first  election  under  this  Constitution, 
the  Treasurer  shall  be  elected  for  two 
years. 

Art.  70.  The  Secretary  of  State,  Treasu- 
rer, and  Auditor  of  Public  Accounts,  shall 
be  elected  by  the  qualified  electors  of  the 
State;  and  in  case  of  any  vacancy  caused 
by  the  resignation,  death,  or  absence  of 
the  Secretary,  Treasurer,  or  Auditor,  the 
Governor  shall  order  an  election  to  fill 
said  vacancies :  Provided,  The  unexpired 
term  to  be  filled  be  more  than  twelve 
months;  when  otherwise,  the  Governor 
shall  appoint  a  person  to  perform  the 
duties  of  the  office  thus  vacant  until  the 
ensuing  general  election. 

Abt.  71.  The  Treasurer,  and  the  Auditor 
shall  receive  a  salary  of  five  thousand  dol- 
lars per  annum  each.  The  Secretary  of 
State  shall  receive  a  salary  of  three  thousand 
dollars  per  annum. 

Art.  72.  All  commissions  shall  be  in  the 
name,  and  by  the  authority  of  the  State  of 
Louisi-ana;  and  shall  be  sealed  with  the 
State  seal,  signed  by  the  Governor,  and 
countersigned  by  the  Secretary  of  State. 

TITLE  lY — JUDICIARY  DEPARTMENT. 

Art.  73.  The  judicial  power  shall  be 
vested  in  a  Supreme  Court,  in  District 
Courts,  in  Parish  Courts  and  in  Justices  of 
the  Peace. 

Art.  74.  The  Supreme  Court,  except  in 
cases  hereinafter  provided,  shall  have  appel- 
late jurisdiction  only;  which  jurisdiction 
shall  extend  to  all  cases  when  the  matter  in 
dispute  shall  exceed  five  hundred  dollars; 
and  to  all  cases  in  which  the  constitutional- 
ity or  legaHty  of  any  tax,  toll,  or  impost  of 
any  kind  or  nature  whatsoever,  or  any  fine, 
forfeiture,  or  penalty  imposed  by  a  munici- 
pal corporation  shall  be  in  contestation, 
whatever  may  be  the  amount  thereof;  and 
in  such  cases  the  appeal  shall  be  direct  from 
the  court  in  which  the  case  orginated,  to 
the  Supreme  Court;  and  in  criminal  cases, 
on  questions  of  law  only,  whenever  the 
punishment  of  death,  or  imprisonment  at 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


251 


hard  labor,  or  a  fine  exceeding  three  him-  j  three  thereof  next  jDreceding  their  appoint - 


dred  dollars,  is  actually  imxDosed, 

Mr.  Bertonneau  uioyed  to  lay  the  amend- 
ment of  Mr.  Crane,  to  article  75,  on  the 
table. 

Adopted — ayes  50,  nays  20 — as  follo^-s: 


ment.  in  the  State.  The  Court  shall  ap- 
point its  oYs'n  clerks  ;  they  may  remove 
them   at  pleasure. 

Akt.  76.  The  Sux^reme  Court  shall  hold 
its  sessions  in  the  city  of  Ne-^  Orleans  from 
the  first  Monday  in  the  month  of  Noyem- 


Yeas:  Antoine,  Baker,  Belden,  Berton- 1  ber  to.  the  end  of  the  month  of  May.  The 
neau,  Blandin,  Bonnefoi,  Cooley,  Crawford,  i  Legislature  shall  have  i^ower  to  fix  the 
Cuney,  Dealing.  Demarest,  P.  G.  Deslonde,  i  sessions  elsewhere  during  the  rest  of  the 
Donato,  Douglas,  U.  Dupart,  Duplessis,  '  year;  until  otherwise  provided,  the  sessions 
Ferguson,  Gardiner,  Harris,  Harrison,  i  shall  be  held  as  heretofore. 
Hempstead,  Ingraham,  Thos.  IsabeUe,  ,  Article  77,  amended  by  striking  out  the 
Jones,  Kdso,  Lanto^^^  Lange,  Leroy,  i  ^ord -aU, "  3d  hne,  was  adopted,  as  follows  i 
Lewis,  Mane.    Massicot,  Morns,  Myers,  '     ^  A  t  i 

Newsham,  OHyer.  Packard,  Pinchback,  i  Aet.  The  Supreme  Court,  and  each 
Pollard,  Reese,  Biggs,  Snaer,  Steele  Thi- i  the  Judges  thereoi,  shall  have  power  to 
baut,  Twitchell.  Yalfroit,  Yandergriff,  Yi-  l^ssue  writs  of  habeas  corpus,  at  the  instance 
dal,  Waples,  WickHffe,  Wilson— 50.    '        1  of    persons  in  actual  custody,   m  cases 

Nays:  Blackburn,  Brown,  Burrel,  Crane,  I  ^'^en  they  may  have  appellate  jurisdiction. 
Depasseau,  G.  Duparte,  Esnard,  Francois,  |  Articles  78,  79,  80,  81  and  82  were  adopt- 
Harx^er,  R.  H.  Isabelle,  Martin,  Meadows,  \       as  follows  • 

Moses,  Murrel,_Musliaway,  Pierce,  Riard, ^j^^.  73,  No  judgment  shaU  be  rendered 
Rodnguez,  Smith,  Y.  illiams-20  i^^         Supreme  Court,  without  a  concur- 

Mr.  Bertonneau  moved  to  lay  on  the;renceof  a  majority  composing  the  Court., 
table  the  amendment  to  article  75,  pro-  Y'hen ever  the  majority  cannot  concur,  in 
posed  by  Messrs.  Cooley,  Crawford  and  '  ^^onsequence^of  the  recusation  of  any  mem- 
p  ^  "  !  ber  of  the  Court,  the  Judges  not  recused 

i  J  sro  n        £  ^^  |  shall  have  power  to  call  upon  anv  Judge  or 

Adopted-ayes  53,  nays  12-as  follows  :     j  ^^^^^^  Disnici  Coiits,  whose  dStv  it 

Ayes  :  Antoine,  Baker,  Bertonneau,  :  ghaH  be,  when  so  caUed  upon,  to  preside 
Blackburn,  Blandm,  Bonnefoi,  Brown,  :  in  the  place  of  the  Judge  or  Judges  recused, 
Burrel,  Cromwell,  Dearmg,  Depasseau,  '  and  to  aid  in  determining  the  case. 
P.  G.  Deslonde,  ^  Donato,  U.  Dupart,  I  -^^^^  79.  AU  Judges,  by  virtue  of  their 
Duplessis,  Francois  Ferguson  Harper,  !  ^^^^^  ^^^^^^  conservators  of  the  peace, 
Harris,  Hempstead  Ingi-aham,  I^-  H.  Isa- uj^^.^^^^^^^^  ^^^^^^  rj.^^^  style  of  aU 
belle,  Thomas  IsabeUe,    Jones,   Landers,  ^^^^^        rj^^^  g^aie  of  Louisiana. 

Lange,    Leroy,    Richard    Lewis,_   ^vnch,  3^,^^^^^^.-^^^^ 

Martm,  Massicot,  Meadows,  Morris,  Moses,,  ^  and  by  the  aurhority  of  The  State 
Murrel,  Myers  Oliver,  Packard  Pierce,  !  Louisiana,  and  conclude  Against  the 
Pmchback,  PoUard,  Reese,  Riard,  Riggs,  ■  ^^^^  ^.  ^-^^  ^^^^^ 

Rodnguez  Snaen  _  Thibau.  TwitcheU  ^  j^^^  gQ_  ^j:i,e  Judges  of  aU  courts,  when- 
^  alfroit,  -\  idal,  Wickhfte,  Y  ilson  -  53  j  ^^^^  practicable,  shaU  refer  to  the  law,  in 
^^x- '         n    ^  rt      j'    i    -r^     virtue  of  which  every  definitive  judgment 

Nays:  Cooley,  Crane,  Crawford,  _  De-  rendered;  but  in^  aU  cases  thev  shaU 
marest.  G.  Duparte  Esnard  Hanson,  ^^^^^  ^^^^^^^  which  thei^  judg- 
Miishaway    Smith,    ^  andergriff,  Naples, 

Wilhams-12  nays.  |  ^^^^  j^^^^^  ^^^^.^^ 

Article  7o  and  76  were  adopted  as  follows i  j  be  Liable  to  impeachment  for  crimes  and 
Aet.  75.  The  Supreme  Court  shall  be  com- :  misdemeanors.    For  any  reasonable  casue 
posed  of  one  Chief  Justice,  and  four  Asso- '  the  Governor  shall  remove  any  of  them,  on 
ciate  Justices,  a  majority  of  whom  shall  con- 1  the  address  of  two-thirds  of  the  members 
Btitute  a  quorum.    The  Chief  Justice  shall ;  elected  to   each  House   of   the  General 
receive  a  salary  of  seven  thousand  five  hun- '  Assembly.    In  every  such  case  the  cause  or 
dred  dollars,  and  each  of  the  Associate  Jus-  \  causes,  for  which  such  removal  may  be  re- 
•  tices  a  salary  of  seven  thousand  dollars  annu- 1  quired,  shall  be  stated  at  length  in  the 
■  ally,  payable  quarterly,  on  their  own  war- !  address,  and  inserted  in  the  joiumal  of  each 
rants.    The  Chief  Justice  and  the  Associate  ;  House. 

Justices  shall  be  apx^ointed  by  the  Governor,  j  Aet.  82.  No  duties  or  functions  shall 
with  the  advice  and  consent  of  the  Senate,  j  ever  be  attached  by  law*,  to  the  Supreme  or 
for  the  term  of  eight  years.  They  shall  be  '  District  Courts,  or  the  several  Judges  there- 
citizens  of  the  United  States,  and  shall  i  of,  but  such  as  are  judicial;  and  the  said 
have  practiced  law  for  five  years,  the  last  '<  Judges  are  prohibited  from  receiving  any 


252 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


fees  of  office,  or  otlier  compensation  than 
their  salaries,  for  any  official  duties  per- 
formed by  them. 

Mr.  Hempstead  moved  to  lay  on  the  table 
the  amendment  to  article  83,  proposed  by 
Messrs.  Crawford,  Cooley,  Pinchback,  Wa- 
ples,  Taliaferro. 

Adopted. 

Article  83 — Amended  by  striking  out,  3d 
and  4th  lines,  the  words  "and  for  their  re- 
spective," and  inserting  the  words  "for 
each;" 

And  inserting  after  the  word  "electors," 
4:th  line,  the  word  "thereof;" 

And  striking  out  all  in  the  5th  and  6th 
lines  to  the  word  "for;" 

And  striking  out,  11th  line,  all  after  the 
word  "Orleans,"  to  the  14th  line,  and  in- 
serting the  following: 

"With  the  folloM ing original  jurisdiction: 
The  first,  exclusive  criminal  jurisdiction; 
the  second,  exclusive  probate  jurisdiction; 
the  third,  exclusive  jurisdiction  of  appeals 
from  justice  of  the  peace;  the  fourth,  fifth, 
sixth  and  seventh  District  Courts,  exclusive 
jurisdiction  in  aU  ci^dl  cases,  except  pro- 
bate, when  the  sum  in  contest  is  above  one 
hundred  dollars,  exclusive  of  interest.  These 
seven  courts  shall  also  have  such  further 
jurisdiction,  not  inconsistent  herewith,  as 
shall  be  conferred  by  law;" 

And  striking  out,  16th  and  17th  lines,  the 
■word  "  districts, "  and  inserting  the  word 
"^'parishes." 

Was  adopted,  as  follows: 

AnT.  83.  The  Legislature  shall  divide  the 
State  into  Judicial  Districts,  which  shall  re- 
main unchanged  for  four  years,  and  for 
each  District  Court,  one  Judge,  learned  in 
the  law,  shall  be  elected  for  each  district 
by  a  plurality  of  the  qualified  electors 
thereof.  For  each  district  there  shall  be 
one  District  Court,  except  in  the  parish  of 
Orleans,  in  which  the  Legislature  may  es- 
tablish as  many  District  Courts  as  the  pub- 
lic interest's  may  require.  Until  otherwise 
provided,  there  shall  be  seven  District 
Courts  for  the  parish  of  Orleans. 

With  the  following  original  jurisdiction: 
the  first,  exclusive  criminal  jurisdiction; 
the  second,  exclusive  probate  jurisdiction; 
the  third,  exclusive  jurisdiction  of  appeals 
from  justice  of  the  peace;  the  fourth,  fifth, 
sixth  and  seventh  District  Courts,  exclusive 
jurisdiction  in  all  civil  cases,  except  pro- 
bate, when  the  sum  in  contest  is  above  one 
hundred  dollars,  exclusive  of  interest. 
These  seven  courts  shall  also  have  such  fur- 
ther jurisdiction,  not  inconsistent  herewith, 
as  shall  be  conferred  i^y  law. 

The  number  of  districts  in  the  State  shall 
not  be  less  than  twelve  nor  more  than  twen- 


ty. The  clerks  of  the  District  Courts  shall 
be  elected  by  the  qualified  electors  of  their 
respective  parishes,  and  shall  hold  their 
office  for  four  years. 

Mr.  Harper  moved  to  amend  article  84, 
by  striking  out  the  word  "therein,"  at  the 
end  of  the  5th  line,  and  the  words  "next 
preceding  his  election,"  in  the  ninth  line. 

Laid  on  the  table. 

Article  84  was  adopted,  as  follows: 

Art.  84.  Each  of  said  Judges  shall  re- 
ceive a  salary  to  be  fixed  by  law,  which  shall 
not  be  increased  or  diminished  during  his 
term  of  office,  and  shall  never  be  less  than 
five  thousand  dollars.  He  must  be  a  citi- 
zen of  the  United  States,  over  the  age  of 
twenty-five  years,  and  have  resided  in  the 
State  and  practiced  law  therein  for  the 
space  of  two  years,  next  preceding  his 
election.  The  Judges  of  the  district  courts 
shall  hold  their  office  for  the  term  of  four 
years. 

Article  85,  amended  by  striking  out  all 
in  the  3d  line,  from  the  word  "they"  to 
the  word  "interest,"  6th  line,  inclu- 
sive, and  striking  out  the  word  "not  pro- 
bate," 2d  Hue. 

Was  adopted,  as  follows: 

Art.  85.  The  District  Cohrts  shall  have 
original  jurisdiction  in  all  civil  cases,  when 
the  amount  in  dispute  exceeds  five  hundred 
dollars,  exclusive  of  interest.  In  criminal 
cases  their  jurisdiction  shaU  be  unlimited. 
They  shaU  have  appellate  jurisdiction  in 
civil  ordinary  suits,  when  the  amount  in 
dispute  exceeds  one  hundred  dollars,  exclu- 
sive of  interest. 

The  following  amendments  to  article  86 
were  laid  on  the  table : 

To  strike  out,  1st  Line,  the  words  "elected 
!  by  the  qualified  electors  of  the  parish,"  and 
insert  the  words  "appointed  by  the  Gov- 
ernor with  the  advice  and  consent  of  the 
Senate;" 

To  strike  out,  3d  line,  the  word  "two'* 
and  insert  the  word  "four;" 

W.  H.  COOLET, 

T.  S.  Cbawfoed, 
P.  B.  S.  Pinchback, 
E.  Waples, 
J.  G.  Taliafeerg. 
The  following  amendment  was  laid  on  the 
table. 

To  insert  after  the  word  "Judge,"  Ist 
I'ne,  the  words  "who  shall  have  practiced 
law  in  this  State  at  least  one  year  previous 
to  his  appointment." 

R.  Waples, 

W.   H.  CoOLEY. 

The  following  amendments  were  adopted: 
Article  86 — To  strike   out,    2d  and  3d 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


253 


liues,  the  word  "tliey"  and  insert  tlie 
■word  "he  ;  " 

And  to  strike  out,  in  the  second  line, 
the  word  "  theii- "  and  insert  the  word 
"his  ;" 

And  to  strike  out,  6th  hne,  the  word 
"now,"  and  insert  in  7th  hne  the  word 
"District  "  before  "Clerk  ;  " 

And  to  strike  out,    2d  line,  the  word 

offices  "  and  insert  the  word  "  office." 

Kecommended  by  the 

Committee. 
The  following  amendment  was  adopted  : 
To  add,  7th  Hne,  the  words  "and  of  this 
State."    Recommended  by  the 

Committee. 

Mr.  Crawford  moved  to  amend  by  adding 
after  the  word  "  he, "  whenever  it  occurs, 
the  words  "or  she." 

Mr.  Oliver  moved  to  lay  on  the  table. 

Adopted. 

Mr.  Waples  moved  to  reconsider  the  last 
Tote. 

Mr.  Hempstead  moved  to  lay  the  motion 
to  reconsider  on  the  table. 
Adopted. 

Article  86,  as  amended,  was  adopted,  as 
follows: 

Art.  84.  For  each  parish  court,  one 
Judge  shall  be  elected  by  the  qualified 
electors  of  the  parish.  He  shall  hold  his 
office  for  the  term  of  two  years.  He  shall 
receive  a  salary  and  fees,  to  be  provided  by 
law.  Until  otherwise  provided,  each  2:)arish 
Judge  shall  receive  a  salary  of  one  thousand 
two  hundred  dollars  per  annum,  and  such 
fees  as  are  established  by  law  for  clerks  of 
District  Courts.  He  shall  be  a  citizen  of 
the  United  States,  and  of  this  State. 

The  following  amendments  to  article  87 
were  adopted: 

Strike  out,  9th  line,  from  the  word  "in" 
to  the  word  "matters,"  13th  line  inclusive, 
and  insert  in  heu  thereof  the  following: 

'  'All  successions  shall  be  opened  and  set- 
tled in  the  Parish  Courts;  and  all  suits  in 
which  a  succession  is  either  plaintiff  or  de- 
fendant, may  be  brought  either  in  the 
Parish  or  District  Court,  according  to  the 
amount  involved;" 

And  add  the  letter  "s"  to  the  word 
"power,"  17th  line;  and  add  the  letter  "s" 
to  the  word  "magistrate,"  17th  Une; 

And  strike  out  word  "a"  before  "magis- 
trate," in  17th  line. 

Recommended  by  the 

Committee. 
Article  87,  as  amended,  was  adopted  as 
follows: 


Aet.  87.  The  Parish  Courts  shall  have 
concurrent  jurisdiction  -^-ith  the  justices  of 
the  peace,  in  all  cases  when  the  amount  in 
controversy  is  more  than  twenty-five  dollars, 
and  less  than  one  hundred  dollars,  exclu- 
sive of  interest.  They  shall  have  exclusive 
original  jurisdiction,  in  ordinary  suits,  in 
all  cases  when  the  amount  in  disjjute  ex- 
ceeds one  hundred  dollars  and  does  not  ex- 
ceed five  hundred  dollars;  subject  to  an 
appeal  to  the  District  Court,  in  all  cases, 
when  the  amount  in  contestation  exceeds 
one  hundi'ed  dollars,  exclusive  of  interest. 
All  successions  shall  be  opened  and  set- 
tled in  the  Parish  Courts;  and  aU  suits  in 
which  a  succession  is  either  plaintiff  or  de- 
fendant, may  be  brought  either  in  the 
Parish  or  District  Court,  according  to  the 
amount  involved.  In  criminal  matters,  the 
Parish  Courts  shall  have  jurisdiction  in  all 
cases  when  the  penalty  is  not  necessarily 
imprisonment  at  hard  labor  or  death,  and 
when  the  accused  shall  waive  trial  by  jury. 
They  shall  also  have  the  powers  of  commit- 
ting magistrates  and  such  other  jurisdiction 
as  may  be  conferred  on  them  by  law.  There 
shall  be  no  trial  by  jury  before  the  Parish 
Courts. 

Article  88  was  adopted,  as  follows : 

Art,  88.  In  all  probate  matters  when  the 
amount  in  disput^e  shall  exceed  five  hundred 
dollars,  exclusive  of  interest,  the  appeal 
shall  be  directly  from  the  parish  to  the  Su- 
preme Court. 

The  following  amendment  to  article  89 
was  adopted: 

Article  89 — To  strike  out,  7th  line,  the 
word  "  twentv-five,"  and  insert  the  word 
"ten." 

Recommended  by  the 

Committee. 

Mr  Newsham  moved  to  amend  by  striking 
out,  2<1  line,  all  from  the  word  "Parish,"  to 
the  word  '"Assembly,"  3d  line,  and  insert- 
ing the  words ' 'm  the  manner  prescibed  bv 
law." 

Adopted. 

Mr.  Smith  was  called  to  the  chair. 
Mr.  Wickliffe  moved  to  reconsider  the 
vote  upon  Mr.  Newsham's  amendment. 
Adopted. 

Mr,  Newsham's  amendment  was  rejected. 
Article  89,  as  amended,  was  adopted  as 
follows : 

Aet.  89,  The  justices  of  the  peace  shall 
be  elected  by  the  electors  of  each  parish, 
in  the  manner  to  be  provided  by  the 
General  Assembly.  They  shall  hold  office 
for  the  term  of  two  years  and  their  com- 
XJensation  shall  be  fixed  by  law.  Their 


254 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


jurisdiction  in  civil  cases,  shall  not  exceed 
one  hundred  dollars,  exclusive  of  interest, 
subject  to  an  appeal  to  the  parish  court,  in 
all  cases  when  the  amount  in  dispute  shall 
exceed  ten  dollars,  exclusive  of  interest. 
They  shall  have  such  criminal  jurisdiction 
ixs  shall  be  provided  for  by  law. 

The  following  amendment  to  article  90 
was  adopted. 

Article  90 — To  srike  out,  4th  line,  the 
words  "Judges  of  the  Courts,"  and  insert 
the  words  ''a  Judge  of  his  Court." 

Recommended  by  the 

Committee. 
Article  90,  as  amended,  was  adopted,  as 
follows : 

Aet.  90.  In  any  case  when  the  judge  may 
be  recused,  and  when  he  is  not  i^ersonally 
interested  in  the  matters  in  contestation  he 
shall  select  a  lawyer,  having  the  qualifica- 
tions required  for  a  Judge  of  his  Court  to 
try  such  cases.  And  when  the  judge  is  per- 
sonally interested  in  the  suit,  he  shall  call 
upon  the  parish  or  district  judge,  as  the 
case  may  be,  to  try  the  case. 

Article  91  was  adopted  as  follows: 

Art.  91.  The  General  Assembly  shall 
have  power  to  vest  in  the  parish  judges 
the  right  to  grant  such  orders,  and  to  do 
such  acts,  as  may  be  deemed  necessary  for 
the  furtherance  of  the  administration  of 
justice;  and  in  all  cases  the  power  thus 
granted  shall  be  specified  and  determined. 

The  Convention  adjoui-ned  until  to-mor- 
row at  10  A.  M. 

A  true  copy: 

WM.  VIGEES,  Secretary. 

SEVENTY-THIRD  DAY. 
New  Orleans,  Thursday,  Feb.  27,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment and  was  called  to  order  by  the  Presi- 
dent at  10  A.  M. 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine,  Bertonneau,  Blandin,  Bonseigneur, 
Bonnefoi,  Brown,  Burrel,  Butler,  Cooley, 
Crawford,  Cuney,  Dearing,  Donato,  U. 
Dupart,  Duplessis,  Francois,  Ferguson, 
Gardiner,  Harper,  Harris,  R.  H.  Isabelle, 
Thomas  Isabelle,  Jones,  Kelso,  Landers, 
Lange,  Leroy,  Marie,  Martin,  Massicot, 
Meadows,  Morris,  Moses,  Murrel,  Myers, 
Oliver,  Pierce,  Poindexter,  Pollard,  Reese, 
Riggs,  Roberts,  Rodriguez,  Schwab, 
Snaer,  Thibaut,  Twitchell,  Valfroit,  Van- 
dergriff,  Wickliffe,  Williams,  Wilson— 53 
members  present. 


Prayer  by  the  Rev.  Josiah  Fisk. 

The  minutes  were  read  and  adopted. 
oeiginaij  resolutions. 

Mr.  R.  H.  Isabelle  called  up  his  resolu* 
tion  of  February,  as  follows: 

Whereas,  This  Convention  has  adopted 
a  resolution  instructing  the  Warrant  Clerk 
to  make  warrants  in  small  sums  to  suit  the 
demands  of  delegates  and  employees  of  this 
Convention,  which  has  increased  the  labors 
of  the  Warrant  Clerk  to  such  an  extent  as 
to  comj^el  him  to  ask  for  assistance;  and, 

Whereas,  Lucian  Lamaniere  did  volun- 
teer his  services  as  assistant  to  facilitate  the 
issue  of  warrants  for  several  days  past; 
therefore,  be  it 

Reaolved,  That  a  compensation  of  one 
himdred  and  fifty  dollars  be  paid  said  L. 
Lamaniere  for  volunteer  services  rendered 
as  Assistant  Warrant  Clerk. 

Which  was  adopted. 

Mr.  Harper  called  up  his  resolution  of 
Febraary  26: 

Resolved,  That  the  Official  Printer  be 
authorized  to  print  200  copies  of  the  reso- 
lution offered  by  Mr.  Blackburn,  and 
adopted  February  19th,  1868,  authorizing 
tax  collectors  to  redeem  the  warrants  of 
their  respective  parishes,  and  that  these 
copies  be  forwarded  by  the  Secretay  of 
this  Convention  to  the  State  Auditor  for 
distribution  to  the  tax  collectors  for  their 
information  and  guidance. 

Which  was  adopted. 

UNFINISHED  BUSINESS. 

Mr.  Cooley  moved  to  amend  article  92 
by  adding  the  word  "quarterly"  after  the 
word  "payable,"  8th  line. 

Adopted. 

The  article,  as  amended,  was  adopted,  as 
follows : 

Art.  92.  There  shall  be  an  Attorney  Gen- 
eral for  the  State,  who  shall  be  elected  by 
the  qualified  electors  of  the  State  at  large. 
He  shall  receive  a  salary  of  five  thousand 
dollars  per  annum,  payable  quarterly  on  his 
own  warrant,  and  shall  hold  his  office  for 
four  years.  There  shall  be  a  District  At- 
torney for  each  judicial  district  of  the  State, 
who  shall  be  elected  by  the  qualified  electors 
of  the  judicial  district.  He  shall  receive  a 
salary  of  fifteen  hundred  dollars,  payable 
quarterly  on  his  own  warrant,  and  shall 
hold  his  office  for  four  years. 

The  following  amendment  to  article  93 
was  adopted: 

Article  93— To  strike  out,  6th  line,  the 
words  "exclusive  control,"  and  insert  the 
word  "charge." 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


255 


Kecommended  by  the 


COMinTTEH. 


The  following  amendment  to  article  93, 
by  Mr.  "Wickliffe,  was  adopted : 

Article  93 — Amend  by  adding  after  "Or- 
leans," in  10th  iiue,  ''except  those  herein 
delegated  to  the  Sheriff  of  the  Criminal 
Court." 

Also,  in  line  12th,  after  tlie  M'ord  "Or- 
leans," add  the  word  '"residing;"  and  after 
the  word  "below,"  add  "the  middle  of;" 
and  after  the  word  "above,"  in  Mth  line, 
add  the  words  "the  middle  of." 

Adopted. 

Article  93,  as  amended,  and  reading  as 
follows,  was  adopted: 

Art.  93.  There  shall  be  a  Sheriff  and  Coro- 
ner elected  by  the  qualified  electors  of  each 
parish,  except  the  parish  of  Orleans.  In 
the  parish  of  Orleans,  there  shall  be  elected 
by  the  qualified  electors  of  the  parish  at 
large,  one  Sheriff  for  the  Criminal  Court,  who 
shall  be  the  executive  officer  of  said  court 
and  shall  have  charge  of  the  i^arish  prison. 
There  shall  also  be  elected  by  the  qualified 
electors  of  the  jDarish  at  large,  one 
Sheriff  who  shall  be  the  executive 
officer  of  the  Civil  Courts,  and  w^ho  shall 
perform  all  other  duties  heretofore  devolv- 
ing upon  the  sheriff  of  the  parish  of  Orleans, 
except  those  herein  delegated  to  the  sheriff 
of  the  Criminal  Court.  The  qualified  elect- 
ors of  the  city  of  New  Orleans,  residing 
below  the  middle  of  Canal  street,  shall 
elect  one  Coroner  for  that  district,  and  the 
qualified  electors  of  the  city  of  New  Or- 
leans, residing  above  the  middle  of  Canal 
street,  together  with  those  residing  in  that 
part  of  the  parish  known  as  Orleans  Eight 
Bank,  shah  elect  one  Coroner  for  that  dis- 
trict. All  of  said-  officers  shall  hold  their 
office  for  two  years,  and  receive  such  fees 
of  office  as  may  be  prescribed  by  law. 

Mr.  Cooley  moved  to  adopt  the  following 
as  an  additional  article  of  the  Constitution : 

TITLE  rV  JUDICIARY  DEPARTMENT. 

Aet.  94.  No  judicial  powers,  except  as 
committing  magistrates,  in  criminal  cases, 
shall  be  conferred  on  any  officers  other  than 
those  mentioned  in  this  title;  except  such 
as  maybe  necessary  in  towns  and  cities; 
and  the  judicial  powers  of  such  officers  shall 
not  extend  further  than  the  cognizance  of 
cases  arising  under  the  police  regulations 
of  towns  and  cities  in  the  Stjfte.  In  any 
case  where  such  officers  shall  assume  juris- 
■diction  over  other  matters  than  those  which 
may  arise  under  police  regulations,  or  under 
their  jurisdiction,  as  committing  magis- 
trates, they  shall  be  liable  to  an  action  of 
damages  in  favor  of  the  party  injured,  or 


his  heirs;  and  a  verdict  in  favor  of  the  party 
injuji-ed  shall,  ipso  f  acto,  operate  a  vacation 
of  the  office  of  said  officer. 

Mr.  Isabelle  moved  to  amend  by  strik- 
ing out  all  after  the  word  "heirs." 

Mr.  Pinchback  moved  to  lay  the  amend- 
ment on  the  table. 
Adopted. 

The  article  was  adopted. 
Title  ly  was  adopted  as  a  whole. 
Mr.  Waples  moved  to  adopt  the  follow- 
ing as  an  article  of  the  Constitution : 

Art.  95.  Every  judicial  officer  elect  shall 
apply  to  the  Supreme  Court  for  a  certifi- 
cate of  comxDetency;  and  if,  after  examina- 
j  tion,  the  said  court  shall  find  the  applicant 
j  competent,  they  shall  grant  the  certificate, 
j  and  he  shall  be  qualified  to  enter  upon  the 
j  duties  of  the  office ;  but,  if  they  find  him 
j  incompetent,  they  shall  refuse  the  certifi- 
!  cate,  and  his  office  shall  be  filled  according 
to  this  Constitution. 

Mr.  Moses  moved  to  lay  ihe  article  on  the 
table. 

Adopted — ayes  50,  nays  18 — as  follows: 
Yeas  :  Antoine,  Belden,  Bonseigneur, 
Bonnefoi,  Brown,  Burrel,  Butler,  Crane, 
j  Cromwell,  Cuney,  Douglas,  Dupart  U. ,  Du- 
j  plessis,  Gardiner,  Guicliard,  Harper,  Har- 
Iris,  Ingraham,  Isabelle  R.  H.,  Jackson, 
I  Jones,  Lange,  Leroy,  Lewis  E. ,  Marie, 
I  Martin,  Massicot,  Meadows,  McLeran,  Mor- 
'  ris,  Moses,  Murrel,  Mushaway,  Oliver,  Pack- 
I  ard.  Pierce,  Poindexter,  Pollard,  Eeagan, 
!  Eiggs,  Eoberts,  Eodriguez,  Schwab.  Snaer, 
I  Thibaut,  Valf roit,  Yidal,  Wickliffe,  Williams, 
I  Wilson — 50  yeas. 

I    Nays:  Baker,  Blackburn,  Cooley,  Craw- 
i  ford,  Demarest,  Depasjseau,  Esnard,  Fergu- 
son, Harrison,  Isabelle  T.,  Kelsd,  Myers, 
Eeese,  Eiard,  Smith,  Twitchell,  Yander- 
griff,  Waples — 18  nays. 
Article  94  was  adopted,  as  follows  : 

TITLE  V — IMPEACmiENT. 

Aet.  94.  The.  power  of  impeachment 
shall  be  vested  in  the  House  of  Represent- 
atives. 

The  following  amendment  to  article  95 
was  adopted  : 

Article  95 — To  insert,  6th  line,  the  word 
"associate  "  before  the  word  "Judge." 
Recommended  by  the 

Committee. 
The  following  amendment  to  article  95, 
by  Mr.  Wickhffe,  was  adopted  : 

Article  95 — In  line  2,  aft^r  "Secretary 
of  State"  add  "Auditor  of  Public  Accounts." 

G.  M.  WlCKLrFFE. 


256 


JOUKNAL  OP  THE  CONSTITUTIONAL  CONVENTION. 


Article  95,  as  amended,  was  adopted,  as 
f oUows  : 

Abt.  95.  Impeacliments  of  the  Governor, 
Lieutenant  Governor,  Attorney  General,  Sec , 
retary  of  State,  Auditor  of  Public  Accounts. 
State  Treasurer,  Superintendent  of  Public 
Education,  and  of  tlie  Judges  of  the  In- 
ferior Courts,  Justices  of  the  Peace  ex- 
ceiDted,  shall  be  tried  by  the  Senate;  the 
Chief  J  ustice  of  the  Supreme  Court,  or  the 
senior  associate  Judge  thereof,  shall  preside 
during  the  trial  of  such  impeachments. 
Impeachment  of  the  judges  of  the 
supreme  court  shall  be  tried  by  the 
Senate.  When  sitting  as  a  court  of  im- 
peachment, the  senators  shall  be  upon  oath 
or  affirmation,  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two- 
thirds  of  the  senators  present. 

The  following  amendment  to  article  96 
was  adopted; 

Article  96 — To  strike  out,  3d  line,  the 
word  "under"  and  insert  the  word  "in." 

Recommended  by  the 

Committee. 
Article  96,  as  amended,  was  adopted,  as 
follows: 

Akt.  96.  Judgments  in  all  cases  of  im- 
peachment shall  extend  only  to  removal 
from  office,  and  disqualification  from  hold- 
ing any  office  of  honor,  trust  or  profit  in 
the  State;  but  the  convicted  parties  shall, 
nevertheless,  be  subject  to  indictment, 
trial  and  punishment  according  to  law. 

The  following  amendment  to  article  97 

was  laid  on  the  table : 

Article  97— To  strike  out,  5th  and  6th 
lines,  the  words  "except  those  disfranchised 
by  this  Constitution." 

W.  H.  COOLEY, 

W.  R.  Ceane. 
Mr.  Blackburn  moved  to  amend  the  arti- 
cle by  striking  out  the  word  "male,"  Ist 
line. 

Mr.  Pinchback  moved  to  lay  the  amend- 
ment on  the  table. 

Adopted — ayes  49,  nays  15 — as  follows: 
Ayes  :  Antoine,  Bonnefoi,  Burrel,  Butler, 
Cooley,  Crawford,  Cromwell,  Cuney,  U.  Du- 
part,  Duplesssis,  Esnard,  Francois,  Gar- 
diner, Harrison,  Hempstead,  T.  Isabelle, 
Jackson,  Jones,  Kelso,  Landers,  Lange, 
Leroy,  Marie,  Martin,  Massicot,  Morris, 
Moses,  Murrel,  Mushaway,  Myers,  Oliver, 
Packard,  Pierce,  Pinchback,  Poindexter, 
Pollard,  Eeagan,  Riard,  Riggs,  Roberts, 
Rodriguez,  Snaer,  Steele,  Twitchell,  Yal- 
froit,  Yidal,  Waples,  WiUiams,  Wilson — 49 
aye«, 


Nays  :  Baker,  Blackburn,  Brown,  Crane, 
Ferguson,  Harper,  Harris,  Ingraham, 
Meadows,  McLeran,  Reese,  Smith,  Tin- 
chant,  Vandergriff,  WickliiTe — 15  nays. 

Mr.  Wicklifie  moved  to  amend  the  arti- 
cle by  striking  out,  4tii  line,  the  word 
"sixty"  and  inserting  the  word  "ten." 

Adopted — ayes  43,  nays  18 — as  foUows: 

Ayes:  Bertonneau,  Burrel,  Butler,  P.  G. 
Deslonde,  Esnard,  Francois,  Gardiaer, 
Harper,  Harris,  Hempstead,  Ingraham, 
R.  H.  IsabeUe,  T.  Isabelle,  Jones,  Landers, 
Lange,  Leroy,  Marie,  Massicot,  Meadows, 
Morris,  Moses,  Murrel,  Myers,  Oliver, 
Packard,  Pierce,  Pinchback,  Poindexter, 
PoUard,  Reagan,  Riggs,  Rodriguez, 
Schwab,  Smith,  Snaer,  ^Thibaut,  Twitchell, 
Valfroit,  Vidal,  Wicklifi'e,  Williams,  Wil- 
son— 43  ayes. 

Nays:  Brown,  Cooley,  Crane,  Crawford, 
Cromwell,  Cuney,  Dearing,  Donato,  U. 
Dupart,  Duplessis,  Ferguson,  Harrison, 
Jackson,  Kelso,  Mushaway,  Roberts, 
Steele,  Waples — 18  nays. 

Mr.  Smith  moved  to  reconsider  the  last 
vots. 

Mr.  Hempstead  moved  to  lay  the  motion 
to  reconsider  on  the  table. 
Adopted. 

The  following  amendment  was  laid  on 
the  table: 

To  strike  out,  2d  and  3d  lines,  the  words 
"subject  to  the  jurisdiction  thereof." 

W.   H.  COOLET. 

Article  97,  as  amended,  was  adopted,  as 
follows : 

TITLE  VI — GENBR.VL  PROVISIONS. 

Art.  97.  Every  male  person,  of  the  age 
of  twenty-one  years  or  upward,  born  or 
natur.alized  in  the  United  St^ites,  and  sub- 
ject to  the  jurisdiclion  thereof,  and  a 
resident  of  this  State  one  year  next  preced- 
ing an  election,  and  the  last  ten  days  with- 
in the  parish  in  which  he  offers  to  vote, 
shall  be  deemed  an  elector,  except  those 
disfranchised  by  this  Constitution,  and  per- 
sona under  interdiction. 

Mr.  Packard  moved  to  strike  out  article 
98,  and  insert  in  its  place  as  an  article  of 
the  Constitution,  the  following: 

The  following  persons  are  hereby  pro- 
hibited from  voting  and  holding  any  office 
of  profit  or  trnst  either  by  election  or  ap- 
pointment in  this  State,  to-wit: 

AU  persons  convicted  of  treason,  or  any 
crime  punishable  with  death  or  imprison- 
ment at  hard  labor  in  the  penitentiary  for 
over  six  months.  All  persons  under  inter- 
diction.    And  aU  persons,   who  having 


JOUEXAL  OF  THE  COXSTITUTIOXAL  COX^^ENTIOX. 


25T 


previously  taken  an  oath  as  a  member  of 
Congress,  or  as  an  officer  of  the  United 
States  or  of  any  State  Legislature,  or  as  an 
execntive  or  judicial  officer  of  any  State,  to 
support  the  Constitution  of  the  United 
States,  shall  have  engaged  in  insuiTection  ' 
or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof. 

The  words  "executive  or  judicial  officers'' 
shall  be  construed  to  include  all  civil  offices 
created  by  law  for  the  administration  of  . 
any  general  law  of  the  State,  or  for  the  j 
administration  of  justice;  Provided,  That' 
the  Legislatiu-e  may,  by  a  two-thii'ds  vote 
of  each  House,  remove  such  disabilities. 
Mr.  Pinchback  was  called  to  the»  chair. 
Mr.  Blandin  moved  to  lay  the  substitute 
of  Mr.  Packard  on  the  table. 

Adopted — ayes  37,  nays  33 — as  follows:  I 
Ayes:  Antoine, Baker, Belden.Bertonneau,  | 
Blandin,  Bonnefoi,  Brown'.  Butler,  Cooley, 
Crane,  Crawford,  Bearing,  Demarest  De- ; 
passeau,  Deslonde  P.  G.,  Donato.  Douglas, 
Dupai'te    G.,  Duplessis,   Esnard.  Fuller, 
Ferguson,  Kelso,  Leroy,  Martin,  McLeran,  : 
Mushaway,  Pinchback,  Beese,  Biard.  Bodri- : 
guez,  Smith,  Steele.    Thibaut.  Tinchant, 
Twitchell,  Yalfroit~37  ayes. 

Xays :  Burrel,  Cromwell,  Francois,  Gar- , 
diner,  Harj^er,  Harris,  Hempstead,  Ingra-  \ 
ham,  Isabelle  B.  H.,  Isabelle  Tbos. ,  Jack- 
son, Jones,  Landers,    Lange,   Lewis  B.,  ; 
Massicot.  Meadows,  Morris,  Moses,  Murrel, 
OHver,  Packard,  Pierce,  Poindexter,  Pol-  i 
lard,    Beagan.    Schwab,     Snaer,    Yidal,  : 
Waples,  WickHfte,  WiUiams,    Wilson— 33 
nays. 

Mr.  Waples  moved  to  postpone  the  fur- 
ther consideration  of  article  98  until  to- 
morrow, 

Mr.  Tinchant  moved  to  lay  the  motion  to 
postpone  on  the  table. 
Adopted. 

Mr.  Tinchant  moved  to  adopt  the  follow- 
ing amendment: 

Ai'ticle  98— To  strike  out,  5th  line,  all 
after  the  word  "interdiction,"  to  the  end 
of  the  article.  W.  B.  Ckaxe, 

W.  H.  CoOLEY, 

J.  G.  Taliaferro. 

Laid  on  the  table. 

Mr.  WickHffe  moved  to  lay  the  following 
amendment  on  the  table: 

To  insert,  21th  hue,  after  the  word  "re- 
bellion," the  words,  "also  all  who  served  in 
the  Confederate  army,  above  the  rank  of 
colonel."  B.  Waples. 

The  motion  to  lay  on  the  table  prevailed. 

Mr.  Wickhffe  moved  to  expunge  article  98. 
18 


The  Chair  decided  the  motion  to  expunge 
not  in  order. 

Mr.  Waples  raised  the  xDoint  of  order  that 
a  motion  to  exiDunge  an  article  already 
adopted  could  not  be  entertained. 

The  Chaii'  so  ruled. 

Mr.  Cooley  appealed. 

The  Chair  reversed  ils  decision  upon  ad- 
visement, and  sustained  the  point  of  order, 

Mr.  Wickliff'e  aj^pealed.  • 

The  Convention  adjourned  until  to-mor- 
row at  10  A.  M. 

A  ti'ue  copy: 

YIGEBS,  Secretary, 

SEVEXTY-FOUKTH  DAY. 
New  Obleaxs,  Friday,  Feb.  28,  1868= 
The  Convention  met  pursuant  to  adjourn^ 
ment,  and  was  called  to  order  by  the  Presi- 
dent. 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

J.  G.  Taliaferro,  President;  Messrs,  An- 
toine, Baker,  Blandin,  Bonnefoi,  Bto'^ati, 
Burrel,  Cooley,  Crane,  Crawford,  CromwelL 
Ciiney,  Dealing,  Depasseau,  Deslonde  Po 
G.,  Donato,  Douglas,  Duparte  G. ,  Duparfe 
U.,  Duplessis,  Fuller,  Ferguson,  Gardiner,, 
HarjDer,  Harris.  Harrison,  IngTaham, 
IsabeUe  B.  H.,'lsabeUe  Thos.,  Jackson^ 
Jones,  Kelso,  Landers,  Lange,  Leroy^ 
Lewis  B.,  Martin,  Massicot,  Meadows,  Mc- 
Leran, Morris,  Moses,  Murrel,  Myers,  Oliver, 
Packard,  Pierce,  Pinchbac-k,  Poindexter, 
Pollard,  Beese.  Schwab,  Snaer,  Steele, 
Thibaut.  Twitchell,  Underwood,  Yander- 
griff',  Yidal,  Wickliffe,  Williams,  Wilson — 
62  members  present. 

Prayer  by  the  Bev.  Jos.  Fisk. 

The  minutes  were  read  and  adopted. 

ORICxrS'AL  RESOLUTIONS. 

i    By  Mr.  B.  H.  Isabelle: 

Resolved,  That  the  Warrant  Clerk  of  this 
Convention  be,  and  is  hereby,  authorized 
to  issue  warrants  in  sums  of  S200  each,  to 

:  Messrs.  G.  Krumble,  A.  S.  Pickard,  O.  M. 

i  Tennison  and  A.    T.    Turner,   who  have 

I  shown  a  disposition  to  make  a  fair  and  im- 

I  partial  report  of  the  proceedings  of  this 

j  Convention. 

I    Lies  over. 

!    By  Mr.  P.  G,  Deslonde: 

i  Motion,  that  this  Convention  extend  their 
■  thanks  to  General  Grant  and  the  United 
;  States  Congress  for  their  brilliant  actions 
;  in  the  great  work  of  reconstruction  of  the 
.'  Southern  States. 


258 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Lies  over. 

UNFINISHED  BUSINESS. 

The  appeal  of  Mr.  Wickliffe  from  the  de- 
cision of  the  Chair  being  under  considera- 
tion, the  Chair  was  sustained. 

Mr.  Valfroit  moved  to  take  from  the  ta- 
ble Mr.  Packard's  substitute  for  article. 

Mr.  Pinchback  moted  to  lay  the  motion 
to  take  from  the  table  on  the  table. 

Adopted — aye|  39,  nays  35 — as  follows : 

Ayes:  Antoiiie,  Baker,  Belden,  Berton- 
neau,  Blandin,  Bonnefoi,  Brown,  Butler, 
Cooley,  Crane,  Crawford,  Ciiuey,  Bearing, 
Demarest,  Depasseau,  P.  G.  Deslonde,  Do- 
nato,  Douglas,  G.  Dupp.rte,  Duplessis,  Fer- 
guson, Hai'rison,  T.  Isabelle,  Kelso,  J.  B. 
Lewis,  Martin,  McLeran,  Mushaway, 
Myers,  Pinchback,  Eeese,  Riard,  Riggs, 
Snaer,  Steele,  Thibaut,  Twitcheil,  Vander- 
griff,  Vidal — 39ayes. 

Nays:Burrel,  Cromwell,  U.  Dupart,  Fran- 
cois, Gardiner,  Harper,  Harris,  Hempstead 
Ingraham,  R.  H.  Isabelle,  Jackson,  Jones, 
Landers,  Lange,  Lero^^,  R.  Lewis, 
Meadows,  Morris,  Moses,  Murrel,  New- 
sham,  Oliver,  Packard,  Pierce,  Poin- 
dexter,  PoUard,  Reagau,  Roberts,  Un- 
derwood, Valfroit,  Waples,  Wicklift'e,  Wil- 
liams, Wilson — 35  nays. 

Mr.  Waples  offered,  as  a  substitute  for 
article  98,  the  following: 

The  following  persons  shall  be  pro- 
hibited from  voting  or  from  holding  any 
office  :  all  persons  who  shall  have  been 
convicted  of  treason,  perjury,  forgery, 
bribery  or  other  crime  punishable  by  im- 
prisonment in  the  Penitentiary,  and  persons 
under  interdiction.  Ail  persons  who  have 
forfeited  the  right  of  suffrage  by  abjuring 
their  allegiance  to  the  United  States  Gov- 
ernment, or  notoriously  levying  war  against 
it  and  adhering  to  its  enemies,  giving  them 
aid  and  comfort,  are  hereby  restored  to  the 
right  of  suffrage,  except  the  following: 
Those  who  held  office,  civil  or  military,  for 
one  year  or  more,  under  the  organization 
styled  "The  Confederate  States  of  Amer- 
ica;" those  who  registered  themselves 
as  enemies  to  the  United  States;  ihose 
who  acted  as  leaders  or  officers  of  guer- 
illa bands  during  the  late  war  or  rebellion; 
those  also  who  in  the  advocacy  of  treason, 
wrote  or  published  newspaper  articles,  or 
preached  sermons  during  the  late  rebel- 
lion; and  those  who  voted  for  and  signed 
an  ordinance  of  secession  in  any  State. 
Any  person  included  in  these  exceptions 
shall  neither  vote  nor  hold  office  until 
he  shall  have  relieved  himself  by  volun- 
tarily writing  and  signing  a  certificate 
setting  forth  that  he  acknowledges  the  late 


rebellion  to  have  been  morally  and  politi- 
cally wrong,  and  that  he  regrets  any  aid 
and  comfort  he  may  have  given  it;  and  he 
shall  file  the  certificate  in  the  office  of  the 
Secretary  of  State,  and  it  shall  be  published 
in  the  official  journal. 

Mr.  Cooley  moved  to  amend  by  adding: 
And  aU  those  wlio^burnt  cotton  or  caused 
it  to  be  burnt,  whether  acting  on  their  own. 
resj)onsibility  or  by  order  of  others. 

Mr.  Oliver  moved  to  lay  the  amendment 
on  the  table. 
Adopted — ayes  45,  nays  28 — as  follows: 
Yeas:  Antoine,  Belden,  Bertonneau, 
Blackburn,  Blandin,  Burrel,  Butler,  Crom- 
well, Douglas,  G.  Duparte,  U.  Dupart, 
Duplessis,  Esnard,  Francois,  Gardiner, 
Harper,  Hempstead,  Ingraham,  R.  H. 
Isabelle,  Jackson,  Jones,  Lange,  Martin, 
Meadows,  McLeran,  Morris,  Moses, 
Mui  rel,  Newsham,  Oliver,  Packard,  Pollard, 
Reagan,  Reese,  Roberts,  Snaer,  Tinchant, 
Twitcheil,  Underwood,  Valfroit,  Vidal, 
Waples,  Wickliffe,  Williams,  Wilson— 45 
yeas. 

Nays:  Bonnefoi,  Brown,  Cooley,  Crane, 
Crawford,  Cuney,  Dearing,  Demarest,  P. 
G.  Deslonde,  Donato,  Fuller,  Ferguson, 
Harris,  Harrison,  Thos.  Isabelle,  Kelso, 
Landers,  J.  B.  Lewis,  R.  Lewis,  Musha- 
way, Pierce,  Pinchback,  Poindexter,  Riard, 
Riggs,  Steele,  Thibaut,  Vandergriff— 28 
nays. 

Mr.  Wickliffe  moved  to  amend  bv  add- 


All  persons  who  held  an  office  as  Justice 
of  the  Peace  under  the  so-called  Confeder- 
ate Government  for  any  length  of  time. 

Mr.  Underwood  moved  to  lay  all  the 
amendments  on  the  table. 

Mr.  Waples  raised  the  point  of  order  that 
a  motion  to  lay  the  whole  subject  on  the 
table  could  properly  only  be  held  to  refer 
to  the  subject  immediately  under  considera- 
tion, which  was  the  last  amendment  offered. 

The  Chair  decided  that  the  point  of  order 
was  not  well  taken. 

Mr.  Underwood  appealed. 

The  Chair  was  not  sustained. 

The  motion  to  lay  on  the  table  prevailed. 

The  question  recurring  upon  Mr.  Wa« 
pies'  amendment,  Mr.  Packard  moved  ta 
amend  by  adding  : 

Provided,  That  those  who  have  aided  iu 
reconstruction,  shall  not  be  held  to  be 
included  among  those  excepted. 

Which  was  adopted — ayes  56,  nays  16— 
as  follows : 


JOURNAL  OF  THE  CONSTITUTIONAL  CON^YBNTION. 


Yeas:  Baker,  Bertonneaii,  Blackburn, 
Biandin,  Bonnefoi,  Brown,  Burrel,  Crom- 
well, P.  G.  Deslonde,  Douglas,  U.  Dupart, 
Duplessis,  Esnard,  Francois,  Gardiner,  Gui- 
cliard,  Harper,  Harris,  Hempstead,  Ingra- 
liam,  R.  H.  IsabeUe,  Jackson,  Jones,  Lan- 
ders. Lange,  LeroT,  Eicliard  Lewis,  ]Massi- 
cot,  3Ieadows,  McLeran,  INIorris.  Moses, 
Murrel,  Mrers.  Newsham,  Oliver,  Packard, 
Pierce,  Pincliback.  Poindexter,  Pollard, 
Pieagan.  Eeese.  Eiard.  Ei2"gs.  Schvs-ab, 
Steele,  Tliibaut.  Twitcliell,  talfroit.  Yan- 
dergriff,  Tidal,  Waples,  Wicklifie,  Tulliams, 
Wilson — 56. 

Xars:  Antoine,  Belden,  Cooler,  Crane, 
Crawford,  Cuney.  D earing,  Demarest,  De- 
passeau,  Donato.  Harrison,  Kelso,  ISIartin, 
IMusliaway,  Smith,  Tinchant — 16. 

The  question  recui-ring  upon  the  sub- 
stitute of  3Ir.  TTaxDles,  as  amended,  as  fol- 
lows ; 

Aet.  98.  The  following  x)ersons  shall  be 
prohibited  from  voting  or  from  holding 
any  otiioe  :  all  persons  who  shall  have  V't^en 
convicted  of  treason,  perjury,  forgery, 
bribery  or  other  crime  punishable  by  im- 
prisonment in  the  penitentiary,  and  per- 
sons under  interdiction. 

All  persons  who  have  forfeited  the  right 
of  suffrage  by  abjuring  their  allegiance  to 
the  United  States  Government,  or  notori- 
ously levying  war  against  it  and  adhering 
to  its  enemies  giving  them  aid  and  com- 
fort, are  hereby  restored  to  the  right  oi 
suffi'age,  exce^Dt  the  follov,-ing  :  those  who 
held  olnce,  civil  or  military,  for  one  year 
or  more,  under  the  organization  styled  '"'the 
Confederate  States  of  America;"  those 
who  registered  tliemselves  as  enemies  of 
the  United  States  ;  those  who  acted  as 
leaders  of  guerilla  liands-  during  the  late 
rebeUion;  those  wIkj.  in  the  advocacy  of 
treason,  wrote  or  xniblished  newsj^aper  arti- 
cles or  XDreached  sermons  dui'ing  the  late 
rebellion;  and  those  who  voted  for  and 
signed  an  ordinance  of  secession  in  any 
State.  Any  person  included  in  these  ex- 
cerptions shall  neither  vote  nor  hold  office 
until  he  shaU  have  relieved  himself  by 
volimtarily  v»Titing  and  signing  a  certificate 
setting  forth  that  he  acknowledges  the  late 
rebelhon  to  have  been  morally  and  politi- 
cally wi'ong,  and  that  he  regrets  any  aid 
and  comfort  he  may  have  given  it;  and  he 
shaU  file  the  certificate  in  the  office  of  the 
Secretaiy  of  State,  and  it  shall  be  pub- 
lished in  the  official  journal;  Provided, 
That  those  who  have  aided  in  reconstruc- 
tion, shall  not  be  held  to  be  included  among 
those  excepted. 

It  was  adopted — ayes  44,  nays  30— as  fol- 
lows: 


;  Ayes:  Baker,  Blackburn,  Brown,  Burrel, 
Cromwell,  Deslonde  P.  G.,  Esnard,  Eran- 
cois,  Gardiner,  Harper,  Harris,  HemiDstead, 
Ingraham,  IsabeUe  E.  H.,  .Jackson,  Jones, 
Landers,  Lange,  Leroy,  Lewis  E.,  Massi- 
cot, Meadows,  McLeran.Morris,  Moses, Mur- 
rel,  Newsham,OKver,  Packard,  Pierce,  Poin- 

I  dexter,  Pollard,    Eeagan,    Eeese,  Biggs, 

■  Schwab,  Steele,  Twitchell,  Yalfroit,  Vidal, 
Waples,    Wickhffe,    Williams,  Wilson — 

;  44  ayes. 

I  Nays:  Antoine,  Belden,  Bertonnean, 
Bonnefoi,  Biandin,  Cooley;  Crane,  Crawford, 
Cuney,  Bearing.  Demarest,  Depasseati, 
Donato,  Douglas,  Duplessis,  Puller,  Gui- 
chard,   Harrison,  IsabeUe    Thos.,  Kelso, 

:  Martin,  Mushaway,  Myers,  Pinchback, 
Eiard,  Smith,  Thibaut,  Tinchant,  Yander- 

;  griffs — 30  nays. 

I    Mr.  Cooley  was  caUed  to  the  chair. 

'  Mr.  Tinchant  recorded  the  f oUowing  rea- 
sons for  his  vote  on  Mr.  Wa^Dles'  substitute: 
I  vote  against  the  adoption  of  the  arti- 
cle for  the  foUoAvkig  reasons : 

1.  Because  I  think  that  aU  men  who 
voluntarily  aided  or  assisted  the  rebeUion 
against  the  United  States  in  any  way,  shape 

:  or  manner,  are  equally  guilty  and  ought  to 
be  treated  aU  aUke. 

2.  Beacause  having  been  taught  to  look 
upon  the  men  of  my  race  as  fuUy  equal  to 
the  white  men.  and  able  to  fight  theh'  way 
through  v-ithout  the  help  of  any  partial 
jDroscriptive  measure  directed  against  their 
opponents. 

3.  Because  I  think  that  this  aiiicle  em- 
bodies such  princiiples  as  are  in  direct 
confiicT  with  those  which  are  the  most 
sacred  to  the  litart  of  any  honest  and  wise 
ReioubHcan. 

Mr.  Brown  gave  notice  that  he  wiU,  on 
to-morrow,  move  the  reconsideration  of  the 
vote  by  which  article  98  was  adoj^ted. 

Mr.  Yalfroit  recorded  the  following  rea- 
sons for  his  vote: 

I  have  voted  i/es,  not  with  intention  of 
disfranchising  anybody,  but  to  support  the 
14th  amendment  of  Congress,  in  expecting 
j  to  see  the  disabiUty  soon  removed  by  Con- 
I  gress.  P.  E.  "\  alfeoit. 

Mr.  Pinchback  recorded  the  foUo^ing 
I  reasons  for  his  vote : 

I  I  vote  against  the  article  because  I  firmly 
;  beUeve  that  two-thirds  of  the  colored  men 
;  of  this  State  do  not  desu-e  disiranchisementi 

to  such  a  great  extent. 

P.  B.  S.  Pinchback. 
j    Mr.  Hempstead  moved  to  reconsider  tha 

vote  last  taken. 
I    Laid  on  the  table. 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


Mr.  Wilson  moved  to  amend  article  99  by 
adding: 

That  since  tlie  adoption  of  this  Constitu- 
tion I  have  not  fought  a  duel  with  deadly 
•weapons,  nor  have  I  sent  or  accei3ted  a 
<ihallenge  to  fi^^iit  a  duel  with  deadly 
"weapons,  or  acted  as  a  second  in  carrying 
a  challenge,  or  aided  or  advised  any  person 
thus  offending  or  assisting. 

Laid  on  the  table. 

Mr.  Wicklifie  moved  to  amend  article 
99,  by  inserting  in  the  7tli  line,  after  the 
word  "men,"  "that  I  am  not  disfranchised 
Iby  the  14th  amendment  to  the  Constitution 
of  the  United  States,  and  by  this  Constitu- 
tion." 

Laid  on  the  table. 

The  following  amendment  was  rejected: 

Art.  99.  To  strike  out  the  entire  article, 
and  insert  article  ninety-seven,  majority 
areport,  as  follows: 

Abt.  — .  Members  of  the  General  Assem- 
bly, and  all  other  officers,  before  they  enter 
TU.pon  the  duties  of  the  their  offices,  shall  take 
the  following  oath  or  affirmation:  "I  (A. 
'B.)  do  solemnly  swear  (or  affirm)  that  I  "vvill 
SUiJport  the  Constitution  and  Laws  of  the 
United  States,  and  the  Constitution  and 
Laws  of  this  State,  and  that  I  will  faithfully 
and  impartially  discharge  and  perform  all 

the  duties  incumbent  on  me  as  ,  ac- 

according  to  the  best  of  my  ability  and 
understanding.    So  help  me  God." 

Kecommended  by  the 

Committee. 

JLtrticle  99  was  adopted,  as  follows : 

Aet.  99.  Members  of  the  General  As- 
sembly, and  all  other  officers,  before 
they  enter  upon  the  duties  of  their 
offices,  shall  take  the  following  oath 
or  affirmation:  "I  (A.  B.)  do  solemnly  swear 
(or  affirm)  that  I  accept  the  civil 
and  political  equality  of  all  men,  and  agree 
not  to  attempt  to  deprive  any  person  or 
persons  on  account  of  race,  color  or  pre- 
vious condition,  oi  any  political  or  civil 
right,  privilege  or  immunity  enjoyed  by 
any  other  class  of  men.  That  I  will  sup- 
port the  Constitution  and  Laws  of  the 
United  States  and  the  Constitution  and 
Laws  of  this  State,  and  that  I  wiU  faithfully 
and  impartially  discharge  and  perform  all 

the  duties  incumbeut  on  me  as   , 

according  to  the  ]3eRt  of  my  ability  and  un- 
derstanding.   So  help  me  God. " 

Ayes  48,  nays  16— as  follows: 

Ayes  ;  Antoine,  Bertonneau,  Blandin, 
Burrel,  CromAvell,  Cuney,  P.  G.  Deslonde, 
Donato,  U.  Dupart,  Francois,  Guichard, 
Harper,  Harris,  Hempstead,   E.  H.  Isa- 


belle,  Thos.  Isabelle,  Jackson,  Jones, 
Kelso,  Landers,  Lange,  Leroy,  Kichard 
Lewis,  Martin,  Meadows,  McLeran,  Mor- 
ris, Moses,  Myers,  Mushaway,  Murrel, 
Oliver,  Packard,  Pierce,  Piuchback,  Poin- 
dexter.  Pollard,  Eesgan,  Keese,  Eiard, 
Thibaut,  Tinchant,  TwitcheU,  Valfroit, 
Yidal,  Wickh£fe,  Williams,  Wilson  — 48 
ayes. 

Nays  :  Baker,  Blackburn,  Bonnefoi, 
Brown,  Butler,  Cooley,  Crane,  Crawford, 
Bearing,  Esnard,  Ferguson,  Massicot, 
Smith,  Steele,  Vandergriff,   Waples  —  16 

nays. 

Mr.  Cromwell  moved  that  the  Sergeant- 
at-Arms  be  ordered  to  compel  the  attend- 
ance of  absent  members,  and  was  second- 
ed by  the  delegates,  and  the  Sergeant-at- 
Arms  was  so  ordered.  Pending  the  execu- 
tion of  the  order  the  proceedings  of  the 
Convention  were  suspended. 

Mr.  Waples  raised  the  point  of  order  that 
the  order  to  compel  the  attendance  of  ab- 
sent members  did  not  necessarily  suspend 
the  proceedings  of  the  Convention. 

The  Chair  decided  adversely. 

Mr.  Wai^les  appealed. 

The  Chair  was  not  sustained. 

Mr.  Blackburn  recorded  the  reasons  for 
his  vote. 

Articles  100,  101,  102,  103,  104,  105,  106, 
and  107  were  adopted  as  follows — the  fol- 
lowing amendment  of  the  committee  to 
article  103,  being  laid  on  the  table : 

Article  103— To  strike  out  all  after  the 
word  "law,"  4tli  line. 

Eecommended  by  the 

Committee. 

Messrs.  Baker  and  J.  W.  Blackburn 
recorded  the  following  reasons  for  their 
votes : 

99th  article  : 

I  vote  no,  because  the  article  as  pro- 
dosed  contains  several  lines  which  I  con- 
sider unnecessary,  the  same  substance  be- 
ing contained  in  an  oath  to  support  the 
Constitution  of  the  United  States  and  of 
this  State.  L.  W.  Bakek. 

99th  article: 

I  vote  no  on  the  form  of  this  oath  for 
the  reason  that  I  consider  it  as  irritating 
in  verbiage  while  nothing  is  gained  in  prin- 
ciple. W.  Jaspee  Blackburn, 

Art.  100.  Treason  against  the  State 
shall  consist  only  in  levying  war  against 
it,  or  in  adhering  to  its  enemies — giving 
them  aid  and  comfort.    No  person  shall 


jourjS'al  of  the  constitutional  convention. 


26t 


be  convicted  of  treason  except  on  the  tes- 
timony of  two  mfcnesses  to  the  same 
overt  act,  or  on  his  confession  in  oj^en 
court. 

Aet.  101.  All  penalties  shall  be  propor- 
tioned to  the  nature  of  the  olfense. 

Aet.  102.  The  privilege  of  free  suffrage 
shall  be  supported  by  laws  regulating 
elections,  and  prohibiting  under  adequate  ] 
penalties,  all  undue  influence  thereon  from  ! 
power,  bribery,  tumult  or  other  improper  j 
practice.  I 
Akt.  103.  No  money  shall  be  drawn 
from  the  treasury  but  in  pursuance  of  spe-  j 


amended,  was  adopted  as 


cifio  appropriations  made  by  law.  A  state- 
ment and  account  of  receij)ts  and  expendi- 
tui-es  of  all  public  moneys  shall  be  made 
annually,  in  such  manner  as  shall  be  pre- 
scribed by  law;  and  the  first  Legislature 
convening  under  this  Constitution  shall 
make  a  special  appropriation  to  liquidate 
whatever  portion  of  the  debt  of  this  Con- 
vention may  at  that  time  remain  unpaid  or 
unprovided  for. 

Art.  104.  AU  civil  officers  of  the  State  at 
large  shall  be  voters  of,  and  reside  \Wthin 
the  State;  and  all  district  or  parish  officers 
shall  reside  within  their  respective  districts 
or  parishes,  and  shall  keep  their  offices  at 
such  place  therein  as  may  be  required  by 
law. 

Art.  105.  All  civil  offiers  shall  be  remov- 
able by  an  address  of  two-thirds  of  the 
members  elect  to  each  House  of  the  Gen- 
eral Assembly,  except  those  whose  removal 
is  otherwise  provided  for  by  this  Constitu- 
tion. 

Art.  106.  In  all  elections  by  the  people 
the  vote  shall  be  taken  by  ballot;  and  in  all 
elections  by  the  Senate  and  House  of  Re- 
presentatives, jointly  or  se]3arately,  the  vote 
shall  be  given  viva  voce. 

Art.  107.  None  but  citizens  of  the 
United  States  and  of  this  State  shall  be 
appointed  to  any  office  of  trust  or  profit 
in  this  State. 

The  following  amendments  to  article 
108,  wera  adopted: 

Article  103 — To  strike  out,  2d  line,  the 
word  'Svritten." 

Recommended  by  the 

Committee. 

To  strike  out,  3d  line,  the  words  *'and 
conducted,"  and  insert  after  the  word  "pro- 
mulgated," the  word  "and." 

Recommended  by  the 

COM^riT'TEE. 

Article  108— To  add  to  the  article,  the 
words  "and  no  law  shall  require  judicial 
process  to  be  issued  in  any  other  than  the 
English  language." 

Recommended  by  the 

Committee. 


I    Article  108, 
I  follows : 

j  Art.  108.  The  laws,  public  records,  and 
I  the  judicial  and  legislative  proceedings  of 
j  the  State  shall  be  promulgated,  and  pre- 
I  served  in  tlie  English  langTiage,  and  no  law 
i  shall  require  judicial  process  to  be  issued 
I  in  any  other  than  the  Eiiglish  language, 
i  Article  109  was  stricken  out. 
I  The  following  amendment  to  article  110 
was  adopted: 

Article  110 — To  strike  out,  4th  line,  the 
word  '  'previously. ' ' 
Recommended  by  the 

Committee. 
The  article,  as  amended ,  was  adopted  as 
follows : 

Art.  110.  No  exposi  fncto  or  retroactive 
law,  nor  any  law  impairing  the  obligation, 
of  contracts,  shall  be  passed;  nor  vested 
rights  be  divested,  unless  for  purposes  of 
public  utility  and  for  adequate  compensa- 
tion made. 

The  following  amendment  to  article  111 
was  adopted: 

Article  111 — To  strike  out,  7th  Hne,  after 
the  word  "irrepealable, "  the  word  "unless," 
and  insert  the  word  "until." 

To  strike  out  the  letter  "s"in  "contains," 
8th  line. 

Recommended  by  the 
^  Committee, 
j    Article  111,  as  amended,  was  adopted, 
I  follows : 

!  Art.  111.  Whenever  the  General  Assem- 
!  bly  shall  contract  a  debt  exceeding  in 
}  amount  the  sum  of  one  hundred  thousand 
dollars,  unless  in  case  of  war,  to  repel  inva- 
!  sion  or  suppress  insurrection,  it  shall  in  the 
I  law  creating  the  debt,  provide  adequate 
j  ways  and  means  for  the  payment  of  the  ciu'- 
I  rent  interest  and  of  the  principal  when  the 
i  same  shall  become  due,  and  the  said  law 
I  shall  be  irreiDealablo  until  principal  and 
interest  be  fully  j)aid,  or  unless  the  repeal- 
ing law  contain  some  adequate  provision 
for  the  xDayment  of  the  princix^al  and  inte- 
rest of  the  debt. 

Articles  112  and  113  were  adopted,  as  fol- 
loM's : 

Art.  112.  The  General  Assembly  shall 
pro^T.de  by  law  for  all  change  of  venue  in. 
civil  and  criminal  cases. 

Art.  113.    The  General  Assembly  may 

I  enact  general  laws  regulating  the  adoption 
of  children,  emancipation  of  minors  and 
the  granting  of  divorces;  but  no  special 
law  shall  be  passed  relating  to  particular  ojc 
individual  cases.  ' 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  following  amendments  to  article  114 
trere  adopted. 

Article  114 — To  strike  out  the  words 
''passed  by  the  General  Assembly.'' 

And  to  strike  out,  2d  line,  the  words 
* 'shall  embrace  but  one  object  and  that 
shall  be  expressed  by  the  title,"  and  insert 
the  words  "shall  express  its  object  or  ob- 
jects in  its  title,"  so  that  the  article  shall 
read  "Every  law  shall  express  its  object  or 
objects  in  its  title." 

Recommended  by  the 

Committee. 
Article  114,  as  amended,  was  adopted,  as 
f  oUows : 

Article  114 — Every  law  shall  express  its 
object  or  objects  in  its  title. 

Articles  115,  IIG,  and  117  were  adopted 
as  follows: 

Aet.  115.  No  law  shall  be  revived  or 
amended  by  reference  to  its  title;  but  in 
such  case  the  revived  or  amended  section 
shall  be  re-enacted  and  published  at  length. 

Akt.  116.  The  General  Assembly  shall 
never  adof)t  any  system  or  code  of  laws  by 
general  reference  to  such  system  or  code  of 
laws;  but  in  all  cases  shall  specify  the  sev- 
eral provisions  of  the  law  it  may  enact. 

Aet.  117.  No  person  shall  hold  or  exer- 
cise, at  the  same  time,  more  than  one 
office  of  trust  or  profit,  except  that  of 
justice  of  the  peace  or  notary  XDubhc. 

The  following  amendments  to  article  118 
•were  rejected: 

Article  118 —To  strike  out  all  from  the 
"Word  "and,"  9tli  line,  to  the  word  "sales," 
11th  line,  inclusive. 

Recommended  by  the 

Committee. 

To  strike  out,  13th  line,  all  after  the  word 
'^'purposes,"  and  insert  the  follov^ing:  "But 
no  property  shall  be  taxed  more  than  two 
per  cent,  per  annum,  upon  its  assessed 
Talue,  and  no  poll  tax  shall  exceed  one  dol- 
lar and  fifty  cents  per  annum." 

Recommended  by  the 

Committee. 
Mr.  Cromwell  moved  to  amend,  by  strik- 
ing out  all  after  the  word  "sales,"  11th 
line. 

Laid  on  the  table. 

Mr.  Meadows  moved  to  amend  by  strik- 
ing out,  in  the  14th  line,  the  words  "and 
fifty  cents." 

Laid  on  the  table. 

Article  118  was  adopted,  as  follows: 
Aet.  118.    Taxation  shall  be  equal  and 
tiniform  throughout  the  State  ;  all  proper- 


ty shall  be  taxed  in  jiroj^ortion  to  its  value, 
to  be  ascertained  as  d  rected  by  law  ;  the 
General  Assembly  shall  have  povrer  to 
exempt  from  taxation  property  actually 
used  for  church,  school  or  charitable  pur- 
poses. The  General  Assembly  may  levy 
an  income  tax  u^Don  all  x^ersons  pursuing 
any  occupation,  trade  or  calling.  And  all 
such  persons  shall  obtain  a  license,  as  i^ro- 
vided  by  law.  All  tax  ©n  income  shall  be 
jwo  rata  on  the  amount  of  income,  or 
business  done.  And  all  deeds  of  sale 
made  or  that  may  be  made  by  collectors  of 
taxes,  shall  be  received  by  courts  in  evidence 
as  prima  facie  valid  sales.  The  General  As- 
sembly shall  levy  a  poll  tax  on  all  male  in- 
habitants of  this  State,  over  twenty-one 
years  old,  for  school  and  charitable  pur- 
poses, which  tax  shall  never  exceed  one 
dollar  and  fifty  cents  per  annum. 

Article  119  was  stricken  out,  as  recom- 
mended by  the  Committee  on  Revision. 

Articles  120,  121,  122  and  123  were 
adopted,  as  foUows: 

Aet.  120.  No  liabiUty,  either  State,  pa- 
rochial or  municipal,  shall  exist  for  any 
debts  contracted  for,  or  in  the  interest  of 
the  rebellion  against  the  United  States 
Government. 

Aet.  121.  The  General  Assembly  may 
determine  the  mode  of  filling  vacancies  in 
all  offices  for  which  provision  is  not  made  in 
this  Constitution. 

Aet.  122.  The  General  Assembly  shall 
pass  no  law  requiring  a  property  quaifica- 
tion  for  office. 

Aet.  123.  All  officers  shall  continue  to 
discharge  the  duties  of  their  offices  until 
their  successors  shall  have  been  inducted 
into  office;  except  in  cases  of  impeachment 
or  susj)ension. 

The  following  amendments  to  article  124, 
recommended  by  the  Committee,  were  re- 
jected: 

Article  124 — To  strike  out  the  entire 
article,  and  insert  the  following:  "No  tacit 
mortgages,  except  those  now  in  existence, 
shall  ever  be  enforced  or  recognized  in  this 
State." 

R.  Waples, 

P.  B.   S.  PiNCHBACK, 
W.  H.  COOLEY, 

J.  G.  Talia:peeeo. 
Article  124— If  the  above  substitute  is  not 
adopted,  we  recommend  to  strike  out,  3d 
line,  the  words  '  'and  for  the  registration  of 
the  same,"  and  to  strike  out,  3d  Hue,  the 
words,  "or  privilege,"  and  to  strike  out, 
6th  line,  the  words  "and  privileges,"  and 
.to  add,  8th  line,  the  word  "five,"  and  to 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


263 


strite  out,  lOtli  line,  tlio  words  "and  priv- 
ileges." 

E.  Waples, 

W.  H.  COOLEY, 

J.  Gr.  Taliafekro, 

p.  B.  S.  PiNCHBACK. 

The  following  amendment  was  adopted : 
To  add,  2d  line,  the  words  '^dotal  and," 
before  '  'paraphernal. " 
Recommended  by  the 

Committee. 
Article  124,  as  amended,  was  adoj^ted,  as 
follows : 

Akt.  124.  The  General  Assembly  shall 
j)ro\-ide  for  the  protection  of  the  rights  of 
married  women  to  their  dotal  and  para- 
phernal property  for  the  registration  of  the 
same;  but  no  mortgage  or  privilege  shall 
hereafter  affect  third  parties  unless  record- 
ed in  the  x^arish  vrhere  the  property  to  be 
affected  is  situated.  The  tacit  mortgages 
■and  privileges  now  existing  in  this  State 
shall  cease  to  have  effect  against  third  per- 
sons after  the  first  day  of  January,  eigh- 
teen hundred  and  seventy,  unless  duly  re  • 
corded.  The  General  Assembly  shall  pro- 
vide by  law  for  the  registration  of  all  mort- 
gages and  privileges. 

The  following  amendment  to  article  125 
was  adopted: 

Aet.  125.  To  add  to  the  article,  the  vrords 
* 'residing  in  the  State." 
Recommended  by  the 

Committee. 
Article  125,  as  amended,  was  adopted  as 
follows : 

Aet.  125.  .The  General  Assembly,  at  its 
first  session  under  this  Constitution,  shall 
provide  an  annual  pension  for  the  veterans 
of  1814  and  1815,  residing  in  the  State. 

Article  126  was  stricken  out,  as  recom- 
mended by  Mr.  Crane,  of  the  committee. 

Article  127  was  adopted  as  follows: 

Aet.  127.  The  military  shall  be  in  sub- 
ordination to  the  ci^il  power. 

The  following  amendment  to,  and  x3ropo- 
sition  to  strike  out  article  128,  were  re- 
jected: 

Article  128— To  substitute  for  the  entire 
article  the  following: 

"It  shall  be  the  duty  of  the  General  As- 
sembly to  provide  for  the  support  of  all 
paupers  residing  within  the  State." 

R.  Waples, 
Article  128 — To  strike  out  the  entire  arti- 
cle. W.  H.  Cooley, 

J.  G.  Taxiafeeeo, 
W.  R.  Ceane, 

P.  B.  S.  PiNCHBACK. 


Mr.  Schwab  moved  to  amend  by  adding: 
at  the  end  of  the  article : 

And  all  unsettled  judgments  rendered- 
shall  be  opened  by  the  courts  for  :nq[uiry, 
without  reference  to  the  time  rendered,., 
whether  the  consideration  thereof  were 
Confederate  mone^',  such  judgment  shall  be- 
null  and  void. 

Laid  on  the  table. 

Articles  128  and  129  were  adopted,  as  fol- 
lows : 

Aet.  128.  It  shall  be  the  duty  of  the 
General  Assembly  to  make  it  obligatory 
upon  each  parish  to  support  ail  paupers 
residing  within  its  limits. 

Art.  129.  AU  agreements,  the  considera- 
tion of  which  was  Confederate  money,  notes 
or  bonds,  are  null  and  void ;  and  shall  not 
be  enforced  by  the  courts  of  this  State. 

The  follov^dng  amendment  to  article  130 
was  adopted: 

Article  13^-^ — To  strike  out,  1st  line,  the 
words  "still  unexecuted." 

R.  Waples, 

P.  B.  S.  PiNCHBAE, 

J.  G.  Taliafeeeo. 
Article  130,  as  amended,  was  adopted,  as 
follows : 

Aet.  130.  Contracts  for  the  sale  of  per- 
sons are  null  and  void;  and  shall  not  be  en- 
forced by  the  courts  of  this  State. 

Mr.  Belden  moved  to  adopt  the  following 
as  ah  additional  article  of  the  Constitution: 

The  Legislature  shall  pass  a  general 
homestead  exemption  law;  Provided,  The 
property  exempted  from  seizure  and  sale 
shall  not  exceed  in  value  the  sum  of  two 
thousand  dollars. 

Mr.  Crane  moved  to  amend  by  striking 
out  "82000,"  and  inserting  "3120,000." 

The  amendment  was  rejected. 

The  motion  of  Mr.  Beldeh  was  laid  on 
the  table. 

Article  131  was  adopted  as  follows : 

Aet.  131.  The  State  of  Louisiana  shall 
never  assume,  nor  pay  any  debt  or  obliga- 
tion contracted,  or  incurred  in  aid  of  the 
rebellion ;  nor  shall  this  State  ever  in  any 
manner  claim  from  the  United  States,  or 
make  any  allowance  or  compensation  for 
slaves  emancipated  or  liberated  in  any  way 
whatever. 

Mr.  Meadows  moved  to  adopt  the  follow- 
ing as  an  additional  article  of  the  Consti- 
tion: 

Aet.  — .  All  contracts  made  and  entered 
into  under  the  pretended  authority  of  any 


264 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


governments  heretofore  existing  in  this 
State,  by  which  children  were  bound  out 
"without  the  knowledge  or  consent  of  their 
parents,  are  hereby  declared  null  and  void; 
nor  shall  any  child  be  bouncj  out  to  any  t 
one  for  any  term  of  years,  while  either  one 
of  its  parents  live,  without  the  consent  of 
such  parent,  except  in  cases  of  children 
legally  sent  to  tiie  House  of  Correction. 

Mr.  Burrel  moved  to  lay  the  article  on 
the  table. 

Lost — ayes  9,  nays  48-  as  follows: 
Yeas:  Antoine,  Cooley,    Cuney,  Jones, 
McLeran,  Reese,  Riard,  Thibaut,  Waples — 
9  yeas. 

Nays :  Baker,  Belden,  Bertonneau, 
Blackburn,  Blandin,  Brown,  Burrel,  But- 
ler, Crane,  Crawford,  Cromwell,  Depasseau, 
Duparte  G. ,  Dupart  U. ,  Esnard,  Francois, 
Oardiner,  Guichard,  Harper,  Harris,  Isa- 
belle  R.  H.,  Isabelle  Thos.,  Jackson,  Kelso, 
Landers,  Lange,  Lewis  R. ,  Martin,  Massi- 
cot, Meadows,  Morris,  Moses,  Mushaway, 
Oliver,  Packard,  Pierce,  Pinchback.  Pol- 
lard, Riggs,  Schwab,  Snaer,  Twitch  ell.  Val- 
foit,  A^andergriff,  Yidal,  Wickliffe,  Wil- 
liams, Wilson — 48  nays. 

The  article.,  as  follows,  was  adopted: 

Aet.  132.  All  contracts  made  and  entered 
into  under  the  pretended  authority  of  any 
governments  heretofore  existing  in  this 
iltate,  by  which  children  were  bound  out 
without  the  knowledge  or  consent  of  their 
parents,  are  hereby  declared  null  and  void; 
nor  shall  any  child  be  bound  out  to  any  one 
lor  any  term  of  years,  while  either  one  of  its 
parents  live,  without  the  consent  of  such 
parent,  except  in  cases  of  children  legally 
aent  to  the  House  of  Correction.  1 

The  Convention  adjourned  until  to-mor- 
jow  at  10  o'clock  a.  m. 

A  true  coi^y  : 

WM.  VIGERS,  Secretary. 


SEVENTY-FIFTH  DAY. 
New  Orleans,  Saturday,  Feb.  29,  1868. 
The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the  Presi- 
dent at  10  o'clock  A.  M. 

The  following  members  answered  to  their 
mmes: 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine, Baker,  Belden,  Bertonneau,  Black- 
Iburn,  Blandin,  Burrel,  Butler,  Cooley, 
Crane,  Cromwell,  Cuney,  Dearing,  De- 
passeau,  P.  G.  Deslonde,  Donato,  Douglas, 
(Go  Duparte,  U.  Dupart,  Duplessis,  Fran- 
eois,  Harris,  Harrison,  Ingraham,  R.  H. 
Isabelle,    Thos.   Isabelle,   Jones,  Kelso, 


Landers,  Lange,  Leroy,  R.  Lewis,  Martin, 
Massicot,  Meadows,  McLeran,  Moses,  Oli- 
ver, Packard,  Pierce,  Poindexter,  Pollard, 
Reese,  Riard,  Riggs,  Roberts,  Rodriguez, 
t  Schwab,  Smith,  Snaer,  Thibaut,  Twitchell, 
Underwood,  Valfroit,  Vondergriff,  Yidal, 
Waples,  Wicklilfe,  WiUiams,  Wilson— 61 
members  present. 

The  minutes  were  read  and  adopted,  with 
a  correction  in  the  wording  of  the  question 
of  order  raised  by  Mr.  Waples. 

ORiaiNAL  EESOIiUTIONS. 

By  Mr.  Underwood: 

Resolved,  That  Mr.  Thomas  B.  Waters, 
formerly  Assistant  Secretary,  return  to  the 
Warrant  Clerk  of  the  Convention  the  war- 
rants issued  to  him  for  per  diem,  from  the 
first  day  of  February  to  the  18th  of  Feb- 
ruary, 1868. 
Lies  over. 
By  Mr.  Wickliffe: 

Resolved,  That  the  Committee  on  Print- 
ing be  authorized  and  instructed  to  have 
published  in  pamphlet  form  ten  thousand 
copies  of  the  Constitution,  after  being 
adopted  as  a  whole,  and  that  they  be  au- 
thorized to  have  said  work  done  where  it 
can  be  executed  in  the  most  workmanlike 
manner,  in  the  shortest  time,  and  at  the 
lowest  price. 
Lies  over. 

Resolved,  That  the  Constitution, 'after  its 
adoption  as  a  Avhole,  be  i^ublished  in  three 
regular  issues  up  to  the  time  of  the  general 
election  for  the  ratification  of  the  same,  in 
the  New  Orleans  Republican,  New  Orleans 
Advocate  and  Homer  Iliad. 
Lies  over. 

By  Mr.  R.  H.  Isabelle. 
Whereas,  The  present  existing  laws  in 
this  State  provide  for  heavy  bonds  or  secu- 
rities to  be  furnished  by  office-holders  of 
several  State,  parish  or  municipal  offices, 
both  elective  and  appointive;  and 

Whereas,  It  is  evidently  true  that  the 
larger  portion  of  real  estate  in  this  State  is 
owned  by  persons  v/ho  are  opposed  to  the 
reconstruction  of  Louisiana  on  loyal  basis; 
and  ^ 

Whereas,  It  may  be  difficult  for  the 
first  loyal  officers  elected  or  appointed 
under  this  Constitution,  to  furnish  such 
heavy  bonds  or  securities  ;  therefore,  we 
do  adopt  the  following 

ordinance. 
To  suspend  50  per  cent,  of  the  amount 
of  lands  or  securities  prescribed  under  the 
present  existing  laws  of  this  State. 

Section  1,  Be  it  ordained  hy  tlie  Consti- 
tutional Convention  of  the  State  of  Louisiana 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


265 


assembled,  That  fifty  per  cent,  of  the 
amount  of  bonds  or  securities  as  required 
for  the  State,  parish,  and  municipal  officers, 
in  this  State,  be  and  is  hereby  suspended 
daring  the  first  term  for  which  officers  are 
elected  or  appointed  under  this  Constitu- 
tion. 

Sec.  2.  Be  it  further  ordained,  That 
so  much  of  any  law  that  may  exist  as  to  re- 
quire bonds  or  secarities  of  any  of  the 
above  mentioned  officers  to  be  furnished  by 
persons  owning  property  within  that  any 
of  said  officers  may  be  elected  or  appointed. 
Is  also  suspended  during  the  term  as  men- 
tioned in  the  foregoing  section;  so  as  to 
allow  bonds  or  securities  to  be  furnished  by 
persons  owning  property  within  any  j)art  of 
this  State;  Provided,  That  the  first  General 
Assembly  elected  under  this  Constitution, 
may  annul  or  alter  this  ordinance  at  any 
time. 

Lies  over.  * 
By  Mr.  Blackburn: 

Resolved,  That  the  patriotic  and  loyal  ma- 
jority in  the  Congress  of  the  United  States,  as 
headed  by  Gen.  Grant  and  Secretary  Stan- 
ton, deserve  and  will  receive  the  approba- 
tion and  co-operation  of  all  who  wish  to  see 
the  wheels  of  government  relieved  from 
charges  of  treason. 

Lies  over. 

By  Mr,  Blackburn : 

Resolved,  That  the  Secretary  of  this  Con- 
vention be  allowed  extra  compensation  to 
the  amount  of  $500,  as  a  compliment  for 
the  faithful,  i^rompt,  aud  efficient  manner  in 
which  he  has  discharged  his  official  duty  ; 
and  that  the  Warrant  Clerk  be  and  is 
hereby  authorized  to  issue  warrants  accord- 
ingly, 

Mr  Cooley  moved  to  suspend  the  rules  to 
place  the  resolution  upon  its  j)assage. 

The  rules  were  suspended,  and  the  reso- 
lution w^as  adopted. 

Mr,  O,  H.  Hempstead  moved  that  an 
extra  compensation  of  $200  be  allowed  the 
Minute  Clerk,  the  Warrant  Clerk  and  the 
clerks  of  the  Committees  on  Printing,  En- 
rollment and  Contingent  Expenses,  for 
the  faithful  manner  in  which  they  have 
performed  their  duties  during  the  session 
of  this  Convention. 

Lies  over. 

Mr.  Belden  called  to  the  chair. 

UNFINISHED  BUSINESS. 

Mr.  Brown  moved  to  take  from  the  table 
the  motion  to  reconsider  the  vote  upon  the 
adoption  of  article  98. 


Mr.  Underwood  moved  to  indefinitely 
postpone  the  motion  to  take  from  the  table. 

Lost — ayes  31,  nays  33 — as  follows : 

Yeas:  Blackburn,  Burrel,  Butler,  Crom- 
well, Dupart  U.,  Francois,  Gardiner,  Har- 
ris, Hempstead,  Jackson,  Jones,  Lange,  Le- 
roy.  Massicot,  Meadows,  Morris,  Moses, 
Newsliam,  Oliver,  Packard,  Pierce,  Poin- 
dexter.  Pollard,  Eeagan.  Riggs,  Yalfroit, 
Vidal,  Waples,  Wickliffe,  W^illiams,  Wil- 
son— 31  yeas. 

Nays:  Antoine,  Belden,  Bertonneau,Blan- 
din,  Bonseigneur,  Bonnefoi,  Brown,  Cooley, 
Crane,Crawford,Cuney,  Dearing,  Depasseau, 
Donato,  Douglas,  Duparte  G. ,  Duplessis,  Es- 
nard,  Harrison,  Isabelle  T.,  Kelso,  Martin, 
Mushaway,  Myers,  Pinchback,  Riard,  Ro- 
berts, Smith,  Snaer,  Steele,  Thibaut,  Tin- 
chant,  Vandergriif — 33  nays. 

The  motion  to  take  from  the  table  was 
lost — ayes  34,  nays  36 — as  follows: 

Ayes:  Antoine,  Belden,  Bertonneau, 
Blandin,  Bonseigneur,  Bonnefoi,  Brown, 
Butler, Cooley,  Crane,  Crawford,  Cuney,  De- 
passeau, Donato,  Douglas,  G.  Duparte,  Du- 
plessis,  Esnard,  Ferguson,  Harrison,  T. 
Isabelle,  Kelso,  Martin,  Mushaway,  Myers, 
Pinchback,  Riard,  Roberts,  Smith,  Snaer, 
Steele,  Thibaut,  Tinchant,  Vandergriff— 34 
ayes. 

Nays:  Blackburn,  Burrel,  Cromwell,  U. 
Du23art,  Francois,  Gardiner,  Harper,  Har- 
ris, Hempstead,  Ingraham,  R.  H.  Isabelle, 
Jackson,  Jones,  Lange,  Leroy,  Massicot, 
Meadows,  Morris,  Moses,  Newsham,  Oliver, 
Packard,  Pierce,  Poindexter,  Pollard,  Rea- 
gan, Reese.  Riggs,  T^vitchell,  Underwood, 
Yalfroit,  Yidal,  Waples,  Wickhfife,  Wil- 
liams, Wilson — 36  nays. 

Mr  Jones  called  to  the  chair. 

UNFINISHED  BUSINESS. 

Mr.  Belden  recorded  the  following 
reasons  for  his  vote : 

I  am  opposed  to  the  substitute  to  article 
ninety-eight,  ofi'ered  by  the  delegate  from 
Orleans,  Mr.  Waples,  for  the  following 
reasons  : 

I  think  it  is  wrong  to  make  no  dis- 
crimination  between  the  man   who  for 
years  labored  for  a  dissolution   of  the 
Union,  and  the  man  who  always  favored 
a  Union  of  the  States,  and  only  ceased  to 
advocate  the  same  when  driven  to  a  dif- 
ferent course,   by  irresistible    and  over- 
powering   force.      This    article   has  the 
eftect  of  disfranchising  men  who  opposed 
to  the  last  extremity,  secession  and  war  ; 
I  while  it  leaves  as  voters  and  office-liold- 
I  ers  the  very  men  who  plunged  the  State 
j  into  war,  and  brought  desolation  and  ruin 
1  on  the  fairest  portion  of  the  United  States. 


266 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Therefore,  I  am  in  favor  of  disfranchis- 
ing the  j)oHtical  adventurers,  and  office- 
holders, who  led  the  State  into  secession 
and  war,  and  none  others.  The  time  to 
judge  of  the  guilt  of  men,  is  just  before 
the  war  commenced,  and  not  after  the 
country  was  in  an  actual  state  of  war.  The 
politician,  statesman  and  office-holder,  who 
quietly  closeted  himself  at  a  time  when 
the  people  were  ^uiet,  happy  and  prosper- 
ous, and  cooly  meditate  war,  and  conse- 
quent desolation,  is  a  monster  who  should 
never  be  allowed  again  to  participate  in  the 
councils  of  his  country. 

But  while  it  is  right  to  forever  disfran- 
chise the  men  who  led  the  country  into 
war,  it  is  wrong  to  disfranchise  men  who 
were  driven  into  rebel  armies  by  the  most 
reckless  and  relentless  desp'otism  that  ap- 
pears in  the  annals  of  history, 

I  am  therefore  o23posed  to  the  article,  be- 
cause in  its  effects  it  disfranchises  men  ^ 
who  were  not  the  authors  of  the  late  war, 
while  it  does  not  touch  the  politicians  and 
office-holders,  who  are  the  authors  of  all 
our  trouble.  They  are  again  turned  loose 
upon  the  political  world,  because  they  were 
too  depraved  to  fight  in  a  war  of  their  own 
creation,  and  the  men  are  alone  disfran- 
chised who  opposed  secession,  and  were 
driven  into  the  rebellious  armies  by  those 
political  tyrants  who  are  now  free. 

Article  132  being  under  consideration, 
Mr.  Waples  moved  that  the  Convention 
X^roceed  to  select  the  location  of  the  Capi- 
tol of  the  State  by  ballot. 

Laid  on  the  table, 

Mr.  Crane  moved  to  adopt  the  following 
recommendation  of  members  of  the  Com- 
mittee on  Eevision : 

Article  132 — To  strike  out  the  words 
"Baton  Eouge,"  and  insert  the  words 
*'New  Orleans." 

R.  Waples, 

J,  G.  Taliafeeeo, 

W.  R.  Ckane. 

Mr.  Underwood  moved  to  lay  the  motion 
of  Mr.  Crane  on  the  table. 

Lost — ayes  41,  nays  27 — as  follows: 

Yeas:  Bertonneau,  Blandin,  Bonseigneur, 
Burrel,  Butler,  Crane,  Cromwell,  Depas- 
seau,  Donato,  Douglas,  G.  Dujiarte.  Du- 
plessis,  Esnard,  Ferguson,  Harris,  Hemp- 
stead, Ingraham,  R.  H.  Isabelle,  Thos. 
Isabelle,  Jackson,  Jones,  Landers,  Lange. 
Leroy,  Martin,  Massicot,  Morris,  Musha- 
way,  Packard,  Pollard,  Riard,  Riggs, 
Roberts,  Rodriguez,  Smith,  Snaer,  Steele, 
Valfroit,  Vandergriff,  Waj)les,  Wickliffe 
Wilson— 41. 

Nays:  Antoine,  Baker,  Belden,  Bonne- 


foi.  Brown,  Cooley,  Crawford,  Cuney, 
Dearing,  P.  G.  Deslonde,  U.  Dupart,  Fran- 
cois, Harper,  Harrison,  Kelso,  R.  Lewis, 
Moses,  Myers,  Oliver,  Pierce,  Pinchback, 
Poindexter,  Reagan,  Reese,  Thibaut,  Un- 
derwood, Yidal,  Williams — 27. 

The  motion  of  Mr.  Crane  prevailed. 

Article  132,  as  amended,  was  adopted,  as 
follows : 

Akt.  132.  The  seat  of  government  shall 
be  established  at  the  city  of  New  Orleans, 
and  shall  not  be  removed  without  the  con- 
sent of  cwo-thirds  of  the  members  of  bobh 
Houses  of  the  General  Assembly. 

Mr.  Lange  moved  to  reconsider  the  last 
vote. 

Mr.  Blandin  moved  to  lay  the  motion  to 
recoaisider  on  the  table. 
Adopted. 

Mr.  Underwood  moved  to  take  from  the 
table  the  motion  to  reconsider. 

The  Chair  decided  the  motion'  not  in 
order. 

Mr.  Underwood  appealed. 

The  Chair  was  sustained. 

Mr.  Wickliffe  moved  to  adojDt  the  fol- 
lowing as  an  article  of  the  Constitution: 

Art.  — .  All  lands  sold  in  pursuance  of 
decrees  of  courts  shall  be  divided  into  tracts 
of  from  ten  to  fifty  acres.  No  individual, 
comi3any  or  corporation  shall  be  allowed  to 
purchase  more  than  one  hundred  and  fifty 
acres  at  such  sale. 

Mr.  Waples  asked  that  the  question  be 
divided  so  as  to  take  the  vote  upon  the 
first  and  second  clauses  of  the  proposed 
article  separately. 

The  first  clause,  as  follows,  was  adopted  : 

Aet.  — .  All  land  sold  in  pursuance  of 
decrees  of  courts  shall  be  divided  into 
tracts  of  from  ten  to  fifty  acres. 

Ayes  42,  nays  11,  as  follo\?s  : 

Ayes :  Antoine,  Bertonneau,  Blandin, 
Burrel,  Butler,  Cooley,  Crane,  Cromwell, 
Cuney,  Depasseau,  P.  G.  Deslonde,  G. 
Duparte,  U.  Dupart,  Duplessis,  Esnard, 
Harris,  Ingraham,  R.  H.  IsabeUe,  Jackson, 
Jones,  Lange,  Martin,  McLeran,  Morris, 
Moses,  M^'Crs,  Oliver,  Packard,  Pierce, 
Pinchback,  Poindexter,  Pollard,  Riard, 
Smith,  Snaer,  Thibaut.  Valfroit,  Yander- 
griff,  Vidal,  Waples,  Wickliffe,  Williams, 
Wilson — 42  ayes. 

Nays  :  Bonnefoi,  Crawford,  Dearing, 
Thomas  Isabelle,  Kelso,  Leroy,  Richard 
Lewis,  Reese,  Snider,  Steele,  Twitchell — 
11  nays. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


267 


The  second  clause  was  rejected  as  follows  : 

No  individual  company  or  corj)oration 
shall  be  allowed  to  purchase  more  tlio^  one 
hundred  and  fifty  acres  at  such  sale. 

Ayes  16,  nays  39, 'as  follows: 

Ayes:  Antoine,  Cromwell,  Cuney,  Fran- 
cois, Harris,  Jackson,  Landers,  Lange, 
Newsham,  Oliver,  Pierce,  Poindexter,  Pol- 
lard, Eeese,  "Wickliffe,  Williams — 16  ayes. 

Nays:  Bertonneau,  Blandin,  Bonnefoi, 
Burrel,  Butler,  Cooley,  Crane,  Crawford, 
Dearing,  Depasseau,  Deslonde  P.  G.,  Du- 
parte  G. ,  Dupart  U. ,  Duplessis,  Esnard,  In- 
graham,  Isabelle  E.  H.  Jsabelle  Thos. ,  Jones, 
Kelso,  Leroy,  Lewis  R.,  McLeran,  Morris, 
Moses,  Myers,  Packard,  Pinchback,  Riard, 
Biggs,  Rodriguez,  Smith,  Snaer,  Steele, 
Thibaut,  Twitchell,  Vandergriff,  WaiDles 
Wilson — 39  nays. 

Mr.  Moses  moved  to  reconsider  the  last 
Tote.    Laid  on  the  table. 

Mr.  Crawford  moved  to  adoj)t  the  follow- 
ing as  an  additional  article  of  the  Constitu- 
tion: 

Akt.  — .  No  member  of  this  Convention 
shall  be  ehgible  to  any  office  of  profit  or 
honor  in  this  State  for  one  year  after  the 
Constitution  shall  go  into  efiect. 

Laid  on  the  table. 

Mr.  Cooley  moved  to  adopt  the  following 
article,  recommended  by  the  Committee,  as 
an  additional  article  of  the  Constitution : 

^  Art.  — .  No  judicial  powers  shall  be  exer- 
cised by  clerks  of  courts. 

Mr.  Wicldiffe  moved  to  amend  by  add- 
ing "except  in  the  parish  of  Orleans." 

The  amendment  was  rejected,  and  the 
article  as  proposed  was  adopted. 

Mr.  Isabelle  moved  to  adopt  the  follow- 
ing as  an  additional  article  of  the  Con- 
stitution : 

Aet.  — .  No  soldier,  sailor  or  marine  in 
the  military  or  naval  service  of  the  United 
States,  shall  hereafter  acquire  a  residence 
in  this  State  by  reason  of  being  stationed 
;  or  doing  duty  in  the  same.  Adojited. 

Title  YI  was  adopted  as  a  whole. 
;     Mr.  Packard  was  called  to  the  chair. 

Mr.  Crane  moved  to  adopt  the  following 
recommendation : 

We  recommend  to  strike  out  title  VII, 
(  and  article  133. 

J.  G.  Taliafereo, 
R.  Waples, 
W.  R.  Crane, 
W.  H.  C001.ET, 
P.  B.  S.  Pinchback. 


Laid  on  the  table. 

The  following  recommendations  of  the 
Committee  were  adopted: 

Article  133 — If  the  article  is  adopted,  we 
recommend  to  strike  out,  10th  line,  the 
wwds  "the  same  report  upon,"  and  10th 
line,  the  words  "in  progress;"  it  v>'lI1  then 
read,  "he  shall  communicate  to  the  General 
Assembly,  through  the  Gonvernor,  annually, 
his  views  concerning  the  condition  of  the 
public  works,  recommend  such  measures  as 
in  his  opinion  the  jDublic  interest  of  the 
State  may  require,  and  shall  perform,  etc., 
etc;" 

And  in  the  20th  line  to  strike  out  the 
word  "their,"  and  insert  the ^ word  "in- 
ternal;" 

And  substitute  the  word  "improvements" 
for  the  word  "improvement;" 

And  insert,  after  it,  the  words  "in  their 
res]3ective  districts." 

It  will  then  read,  "to  tax  themselves  for 
I  internal  improvements  in  their  respective 
districts;" 

And  to  strike  out,  22d  line,  the  words 
"have  power  to;" 

And  to  strike  out,  28th  and  29th  lines, 
the  words  "the  general  laws  of  the  State," 
and  insert  the  words  '  'the  general  sj^stem 
of  internal  inprovements  adopted  by  the 
State;" 

And  to  strike  out,  32dhne,  the  words  "or 
otherwise." 

Recommended  by  the 

Committee, 
Mr.  Crawford  moved  to  amend  by  strik- 
ing out,  in  the  second  and  third  lines,  the 
words  "skilled  in  the  theory  a,nd  practice  of 
his  profession." 
Laid  on  the  table. 

Mr.  Cromwell  moved  to  amand  by  strik- 
ing out  "apppointed  by  the  Governor  by 
and  with  the  consent  of  Senate  and  House 
of  the  General  Assembly." 

Laid  on  the  table. 

Article  133,  as  amended,  was  adopted,  as 
follows : 

TITLE  Vn — INTEENAIj  impovements. 
Art.  133.  There;;  shall  be  elected  by  the 
qualified  electors,  a  State  Engineer,  skilled 
in  the  theory  and  practice  of  his  profession, 
who  shall  hold  his  office  at  the  seat  of  gov- 
ernment for  the  term  of  four  years.  He 
shall  have  the  superintendence  and  direction 
of  all  public  works  in  which  the  State  may 
be  interested,  except  those  made  by  joint 
stock  companies  or  such  as  may  be  under 
the  parochial  or  city  authorities  exclusively 
and  not  in  conflict  with  the  general  laws 
of   the    State.     He    shall  communicate 


268 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


to  the  General  Assembly,  throngli  the  Gov- 
ernor, annually,  his  views  concerning  the 
condition  of  the  public  works,  recommend 
such  measures  as  m  his  opinion  the  public 
interest  of  the  State  may  require,  and  shall 
perform  such  other  duties  as  may  be  pre- 
scribed by  law.  His  salary  shall  be  five  thou- 
sand dollars  per  annum,  until  otherwise  pro- 
vided by  law.  The  mode  of  election,  number 
and  salary  of  his  assistants  shall  be  fixed 
by  law.  The  State  Engineer  and  assistants 
shall  give  bonds  for  the  performance  of 
their  duties  as  shall  be  x^rescribed  by  law. 

The  General  Assembly  may  create  inter- 
nal improvement  districts,  composed  of  one 
or  more  parishes,  and  may  grant  a  right  to 
the  citizens  thereof  to  tax  themselves  for 
internal  improvements  in  their  respective 
districts.  Said  internal  improvement  dis- 
tricts, when  created,  shall  have  the  right  to 
select  commissioners,  appoint  officers,  fix 
their  pay,  regulate  all  matters  relative  to 
the  improvements  of  their  districts,  pro- 
vided such  improvements  shall  not  conflict 
with  the  general  system  of  internal  im- 
provements adopted  by  the  State. 

The  General  Assembly  may  grant  aid  to 
said  districts  out  of  the  funds  arising  from 
the  swamp  and  overflowed  lands,  granted 
to  the  State  by  the  United  States  for  that 
purpose. 

The  General  Assembly  shall  have  the 
right  of  abolishing  the  office  of  State  En- 
gineer, by  a  majority  vote  of  all  the  mem- 
bers elected  to  each  branch,  and  of  substi- 
tuting a  board  of  public  works  in  lieu 
thereof,  should  they  deem  it  necessary. 

The  following  amendment  to  article  134 
was  laid  on  the  table : 

Article  134 — To  strike  out  the  entire  arti- 
cle, and  insert  article  one  hundred 
and  thirty-six  of  the  majority  report,  as 
follows : 

"It  shall  be  the  duty  of  the  General  As- 
sembly to  make  provision  for  the  educaliou 
of  all  the  yoaths  in  the  State  between  the 
ages  of  six  and  eighteen  years,  without 
prejudice  or  partiality  to  any  one." 

W.   H.  COOLEY, 

T.  S.  Oeawfoed. 
The  following  amendments  were  adopted : 
If  the  article  stands  as  adopted,  to  strike 

.out,  3d  line,  the  word  "their,"  and  insert 

the  word  "its," 

Recommended  by  the 

CoMivnTTEE. 
To  strike  out,  9th  line,  before  the  word 
"race,"  the  word  "exclusive,"  and  insert 
after  the  Avord  "established"  the  word  "ex- 
clusively." 

Recommended  by  the 

Committee. 


and  p 
on( 


anc 
pub 


The  following  amendment  was  laid  on  th< 
table : 

Article  134  —  To  strike  out,  first 
second  lines,   the  words   "at  least 
free  public  school  in  every  parish,'' 
insert  the  words  ' '  a  system  of  free 
lie  schools  throughout  the  State." 

W.  H.  COOLET, 

P.   B.   S.  PiNCHBACK, 

T.  S.  Cbawfoed, 
Mr.  Packard  was  called  to  the  chair. 
Article  134,  as  amended,  was  adopted, 
follows  : 

TITLE  Vm — PUBLIC  EDUCATION. 


Aet  134.  The  General  Assembly  shal] 
establish  at  least  one  free  public  school  in 
every  parish  throughout  the  State,  and 
shall  provide  for  its  support  by  taxation  oi 
otherwise.  All  children  of  this  State,  be 
tween  the  ages  of  six  (6)  and  twenty-one 
(21)  shaU  be  admitted  to  the  public  schools 
or  other  institutions  of  learning  sustained 
or  established  by  the  State,  in  common, 
without  distinction  of  race,  color  or  previ' 
ous  condition.  There  shaU  be  no  separate  !e 
schools  or  institutions  of  learning  estab 
lished  exclusively  for  any  race  by  the  State  lis 
of  Louisiana. 

Article  135  was  adopted,  as  foUows: 

Aet.  135.  No  municipal  corporation  shall 
make  any  rules  or  regulations  contrary  to 
the  spirit  and  intention  of  article  134. 

The  following  amendments  to  article  136 
were  laid  on  the  table : 

Article  136— To  strike  out  the  entire 
article. 

W.  H.  CoOLEY, 

T.  S.  Ceawfokd. 
If  the  article  is  adopted,  we  propose  to 
strike  out,  1st  and  2d  lines,  the  words 
"elected  by  the  qualified  voters  of  this 
State,"  and  insert  the  words  "appointed  by 
the  Governor." 

W.  H.  CoOLEY, 

R.  Waples, 
T.  S.  Ceawfoed. 

To  strike  out  all  after  the  word  "law 
4th  line. 

Recommended  by  the 

Committee. 

Mr.  Wickliffe  moved  to  amend  by  strik- 
ing out  the  words  "and  salary,"  in  the 
third  line,  and  add  at  the  end,  "he  shall  re 
ceive  a  salary  of  $5000  per  annum,  payable 
quarterly  on  his  own  warrant." 

Mr.  Smith  moved  to  lay  the  amendment 
on  the  table. 

Lost. 


JOUENAL  OF  THE  CONSTITUTIONAL  C0N\T:NTI0N. 


269 


The  amendment  was  adopted — ayes  35, 
lays  22 — as  follows: 

Yeas:  Antoine,  Belden,  Bertonneaii, 
Brown,  Bnrrel,  Cromwell,  Douglas,  U.  Du- 
part,  Francois,  Gardiner,  Thos.  Isabelle, 
Fackson,  Jones,  Kelso,  Lange,  Leroy,  E. 
Lewis,  Martin,  MeLeran,  Morris,  Moses, 
Oliver,  Packard,  Pierce,  Pincliback,  Pol- 
lard, Snaer,  Steele,  Tincliant,  Underwood, 
Valfroit,  Yidal,  Wicklifte,  Williams,  Wil- 
son— 35  yeas. 

Nays:  Blandin,  Butler,  Cooley,  Crane, 
Crawford,    Depasseau,    P.    Gr.  Deslonde, 
;  Donato,  G.  Duparte,    Duplessis,  Fuller, 
•  Harrison,    E.    H.    Isabelle,  Mushaway, 
Myers,  Eiard,  Eiggs,  Eodriguez,  Smith, 
Thibaut,  Yadergriff,  Waples — 22  nays. 

Article  136,  as  amended,  was  adopted,  as 
follows  : 

Art.  136.  There  shall  be  elected  by  the 
quaUfied  voters  of  this  State  a  Superint end- 
lent  of  Public  Education,  who  shall  hold 
his  office  for  four  years.  His  duties  shall 
be  prescribed  by  law  and  he  shall  have 
the  supervision  and  the  general  control 
of  all  pubhc  schools  throughout  the  State. 
He  shall  receive  a  salary  of  five  thousand 
dollars  per  annum,  x^ayable  quarterly,  on 
his  own  warrant. 

The  following  recommendation  was  laid 
on  the  table  : 

Article  137  —  to  strike  out  the  entire 
article. 

W.  H.  Cooley, 
W.  E.  Ceaxe. 
Article  137  was  adopted,  iis  follows  : 
Art.  137.    The  general  exercises  in  the 
public  schools  shall  be  conducted  in  the 
Enghsh  language. 

The  following  recommendation  of  the 
Committee  was  adopted: 

Article  138 — To  strike  out  the  entire  arti- 
cle, and  substitute  article  137  of  the  ma- 
jority report. 

Eecommended  by  the 

CoMiflTTEE. 

Article  137,  majority  report,  as  foUows, 
"was  adopted  in  Ueu  of  article  138 : 

Art.  138.  The  proceeds  of  aU  lands 
heretofore  granted  by  the  United  States 
for  the  use  and  support  of  pubhc  schools, 
and  of  all  lands  or  other  property  which 
may  hereafter  be  bequeathed  for  that  pur- 
pose, and  of  all  lands  which  may  be  granted 
or  bequeathed  to  the  State  and  not  granted 
or  bequeathed  expressly  for  any  other  pur- 
pose, which  may  hereafter  be  disposed  of 
by  the  State,  and  the  proceeds  of  all 
estates  of  deceased  persons  to  which  the 
State  may  be  entitled  by  law,  shall  be  held 


by  the  State  as  a  loan,  and  shall  be  and  re- 
main a  perpetual  fund  on  which  the  State 
shall  pay  an   annual  interest   of   six  per 
cent. ,  which  interest,  with  the  interest  of 
the  trust  fund  deposited  with  this  t?tate  by 
the  United  States,  under  the  act  of  Con- 
gress, axDproved  June  23,  1836,  and  the  rent 
of  the  unsold  lands,  shall  be  appropriated 
1  to  the  support  of  such  schools,  and  this  ap- 
I  propriation  shall  remain  in^dolable. 
j    The  following  recommendation  of  the 
Committee  was  adopted : 
'    Article  139 — To  strike  out  the  entire 
'  article,  as  its  substantial  i)rovisions  are  all 
expressed    in   article    one  hundred  and 
thirty-ses-en,  majority  report,  as  previously 
recommended  by  the  Committee.  . 
Eecommended  by  the 

Committee. 
Mr.  Twitchell  moved  to  adopt  the  fol- 
lowing, as  an  additional  article  of  the  Con- 
i  stitution : 

Aet.  — .  All  children  of  the  State,  be- 
tween the  ages  of  6  and  21,  not  residing 
"ssithin  a  convenient  distance  of  any  estab- 
lished public  school,  shall  draw  their  ]pro- 
portion  of  the  pubhc  school  fund. 
It  was  laid  on  the  table. 
The  following  recommendation  of  the 
committee  was  adopted : 

Ai-ticle  140— To  strike  out  all  after  the 
word  "whatever,"  in  the  3d  line, 
Eecommended  by  the 

Committee. 
Article  140,  as  amended,  was  adopted,  as 
follows : 

Aet.  140.  No  appropriation  shall  be 
made  by  the  General  Assembly  for  the  sup- 
port of  any  private  school,  or  any  private 
institution  of  learning  whatever. 

Mr.  Wicklili'e  moved  to  adopt  the  follow- 
ing as  an  additional  article  of  the  Constitu- 
tion : 

Art.  — .  One-half  of  the  funds  derived 
from  the  poll  tax  herein  provided  for,  shall 
be  appropriated  exclusively  to  the  support 
of  the  free  public  schools,  throughout  the 
State,  and  the  University  of  New  Orleans. 
Adopted. 

The  following  recommendation  of  the 
committee  was  rejected: 

Article  141 — To  strike  out  the  entii'e 
article. 

Eecommended  by  the 

Committee. 
Mr.  Wickliffe  moved  to  amend  article 
141  by  striking  out  aU  after  the  word  '  'title," 
in  the  eleventh  line. 


270 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Adopted. 

Mr.  Pincliback  moved  that  the  Secretary 
be  instructed  to  insert  the  words  "General 
Assembly"  in  the  place  of  the  word  "Legis- 
lature," wherever  it  occurs  in  the  Constitu- 
tion. 

Adopted. 

Mr,  Waj)les  moved  to  amend  article  141 
by  striking  out  the  second  sentence,  and  in- 
serting the  following: 

It  shall  be  composed  of  a  law,  a  medical, 
and  a  collegiate  department,  each  with  ap- 
projpriate  faculties. 

Adopted. 

Article  141,  as  amended,  was  adopted,  as 
follows : 

Art.  141.  A  University  shall  be  estab- 
lished and  maintained  in  the  city  of  New 
Orleans.  It  shall  be  composed  of  a  law,  a 
medical,  and  a  collegiate  department, 
each  with  appropropriate  faculties.  The 
General  Assembly  shall  provide  by  law 
for  its  organization  and  maintenance; 
Provided,  That  aU  departments  of 
this  institution  of  learning  shall  be 
opened  in  common  to  all  students 
capable  of  matriculating.  No  rules  or 
regulations  shall  be  made  by  the  trustees, 
faculties,  or  other  officers  of  said  institu- 
tion of  learning,  nor  shall  any  laws  be 
made  by  the  Legislature  violating  the 
letter  or  spirit  of  the  articles  under  this 
title. 

Article  142  was  adopted,  as  follows  : 

Aet.  142.  Institutions  for  the  support 
of  the  insane,  the  education  and  support 
of  the  blind  and  the  deaf  and  dumb,  shall 
always  be  fostered  by  the  State,  and  be 
subject  to  such  regulations  as  may  be  pre- 
scribed by  the  General  Assembly. 

Title  YIII  was  adoiated  as  a  whole. 

Mr.  Waples  moved  to  reconsider  the  vote 
upon  the  adojption  of  article  133  and  title 
VII. 

The  motion  to  reconsider  prevailed. 

Mr.  Pinchback  moved  to  strike  out  title 
VII,  and  article  133. 

Adopted — ayes  40,  nays  13 — as  follows: 

Yeas:  Antoine,  Belden,  Bertonneau, 
Blandin,  Bonnefoi,  Cooley,  Crane,  Craw- 
ford, Cromwell,  Cuney,  Dearing  Depasseau, 
P.  G.  Deslonde,  Douglas,  U.  Dupart,  Du- 
plessis,  Esnard,  Harrison,  Ingraham,  R. 
H.  Isabelle,  Thos.  Isabelle,  R.  Lewis,  Mar- 
tin, Massicot,  Mushaway,  Myers,  Pinch- 
back,  Poin  dexter,  Riard,  Rodriguez, 
Schwab,  Snaer,  Steele,  Thibaut,  Tinchant, 


Twitchell,  Yandergriff,  Waples  Wiliams— . 
40. 

Nays:  Francois,  Harris,  Jones,  Lange, 
McMillen,  Moses,  Oliver,  Packard,  Pierce, 
Yalfroit,  Yidal,  Wickliffe,  Wilson— 13. 

Mr.  Wickliffe  moved  to  strike  out  article 
143  and  insert  in  its  ]3lace  the  following  : 

The  Legislature  shall  i^rovide  for  volun- 
teer militia  organization,  to  be  composed 
only  of  able  bodied  registered  citizens, 
between  the  ages  of  eighteen  and  forty- 
five.  The  Legislature  sliall  allow  no  dis- 
tinction of  race  or  color  in  any  militia 
organization. 

Laid  on  the  table. 

The  Convention  adjourned  until  Monday 
at  10  A.  M. 
A  true  copy: 

WM.  YIGERS,  Secretary. 

SEVENTY-SIXTH  DAY. 

New  Orleans,  Monday,  March  2, 1868. 

The  Convention  met  pursuant  to  ad- 
journment, and  was  called  to  order  by  the 
President. 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine, Baker,  Belden,  Blandin,  Bon- 
seigneur,  Bonnefoi,  Brown,  Burrel,  Cooley, 
Crane,  Crawford,  Cromwell,  Cuney,  Dema- 
rest,  Depasseau,  Deslonde  P.  G. ,  Deslonde 
Jos. ,  Donato,  Douglas,  Dwparte  G. ,  Dupart 
U.,  Duplessis,  Francois,  Fuller,  Gardiner, 
Harris,  Hempstead,  Ingraham,  Isabelle  R. 
H.,  Isabelle  Thos.,  Landers,  Lange,  Lewis 
R.,  Marie,  Martin,  Massicot,  Meadows, 
McLeran,  Morris,  Moses,  Mj^ers,  New- 
sham,  Oliver,  Packard,  Pierce,  Pinchback, 
Poinclexter,  Pollard,  Reagan,  Reese,  Riard, 
Riggs,  Rodriguez,  Smith,  Snaer,  Thibaut, 
Twitchell,  Underwood,  Yandergriff,  Yidal, 
Waples,  Wickliffe,  Williams,  Wilson — 65 
members  present. 

Prayer  by  the  Rev.  Josiah  Fisk. 

The  minutes  were  read  and  adopted. 
original  resolutions. 

By  Mr.  Bertonneau: 

Motion,  That  a  sum  of  four  hundred  dol- 
lars each,  be  given  to  Mr.  Campbell  and 
Mr.  Pickard  for  their  services. 

The  rules  were  suspended,  and  the  reso- 
lution was  adopted. 

By  Mr.  Burrel: 

Motion,  That  any  delegate  to  this  Con- 
vention who  has  voluntarily  absented  him- 
self from  and  after  the  first  of  February, 
,18683  and  who  has  not  answered  to  his 


JOUENAL  OF  THE  CONSTITUTIONAL  CONYENTION. 


271 


name  since,  shall  not  be  paid  Ms  per  diem 
from  that  date. 

Lies  over. 

Mr.  Lange  moved  that  Patrick  Meade, 
who  has  been  in  constant  attendance  as ; 
police  guard  for  the  Convention  from  its ; 
beginning,  for  his  faithful  and  efficient  • 
services,  receive  a  warrant  to  the  amount  j 
of  one  hundred  dollars.  | 

Adopted. 

By  Mt.  Underwood: 

Resolced,  That  the  chairman  of  the  Com- 
mittee of  Enrollment  be  instructed  to  have 
engrossed  and  enrolled  forthwith  the  Con- 
stitution, as  adopted  up  to  date. 

Lies  over. 

By  Mr.  Smith: 

I  move  that  on  the  final  adoption  of  this 
Constitution,  every  delegate  shall  be 
allowed  to  explain  his  vote  for  or  against 
its  adoi^tion  or  rejection. 

Mr.  Crawford  moved  to  amend  by  substi- 
tuting the  following : 

Resolved,  That  the  rule  limiting  debate  to 
five  minutes  be  suspended  during  the  de- 
bate on  the  adoption  of  the  Constitution  as 
a  whole,  and  that  on  that  question  each 
member  who  wishes,  be  allowed  to  sx^eak  30 
minutes. 

Laid  on  the  tabled. 

The  motion  of  Mr.  Smith  was  ado^^ted. 
Mr.  Waples  moved  that  the  five  minutes 
rule  be  repealed. 
Adopted. 

Mr.  Jones  moved  that  members  of  this 
Convention  shall  be  permitted  to  sign  the 
Constitution  after  its  adoption  by  this 
Convention. 

Adopted.  ' 

Mr.  Esnard  moved  that  we  shall  not  ad- 
journ to-day  until  we  get  through  with 
adopting  the  Constitution  as  a  whole. 

Laid  on  the  table. 

By  Mr.  Hempstead : 

Resolved,  That  an  extra  compensation  of 
$200  each  be  aUowed  the  Warrant  Clerk 
and  the  Clerks  of  the  Committees  on  Print- 
ing, Enrollment  and  Contingent  Expenses 
for  the  faithful  manner  in  which  they  have 
performed  their  duties  during  the  session 
of  this  Convention. 

Laid  on  the  table. 

UNFINISHED  BUSINESS. 

Article  143  was  adopted  as  follows: 


TITLE  IX — miilTIA. 

Art.  143.  It  shall  be  the  duty  of  the 
General  Assembly  to  organize  the  militia  of 
the  State,  and  all  able  bodied  male  citizens, 
between  the  ages  of  18  and  45  years,  hot 
disfranchised  by  the  laws  of  the  United 
States  and  of  this  State,  shall  be  subject  to 
military  duty. 

Ai'ticle  144  was  adopted  as  follows : 

Aet.  144.  The  Governor  shall  appoint  all 
commissioned  officers,  subject  to  confirma- 
tion or  rejection  by  the  Senate,  exce^Dt  the 
staff  officers,  who  shall  be  apjpointed  by 
their  respective  chiefs,  and  commissioned 
by  the  Governor.  All  militia  officers  shall 
take  and  subscribe  to  the  oath  prescribed 
for  officers  of  the  United  States  army,  and 
the  oath  prescribed  for  officers  in  this  State. 

The  follo^ving  recommendation  was 
rejected: 

Articles  144  and  145 — To  strike  out  the 
entire  articles.  W.  R.  Ceaxe. 

The  following  recommendation  was 
ado^Dted : 

Article  145 — To  strike  out  all  after  the 
word  "as,"  4th  Hne,  and  insert  the  words 
"officers  and  privates,  as  is  received  by 
officers  and  xDiivates  in  the  United  States 
army." 

Recommended  by  the 

COMmTTEE. 

Article  145,  as  amended,  was  adopted,  as 
follows : 

Art.  145.  The  Governor  shall  have  power 
to  call  the  militia  into  active  ser\ice  for  the 
pr^  servaiion  of  law  and  order,  or  when  the 
public  safety  may  recpiire  it.  The  militia 
when  in  active  service  shall  receive  the 
same  pay  and  allowances  as  officers  and  pri- 
vates as  is  received  by  officers  and  x^i'l^a^tes 
in  the  United  States  army. 

Title  IX  was  adopted  as  a  whole. 

Mr.  Crane  recorded  his  vote  as  follows: 
I  vote  no. 

Mr.  Cromwell  moved  to  amend  article 
146,  by  adding' 

Provided,  That  no  amendment  shall  be 
proposed  to  this  Constitution  until  the 
year  1888. 

Laid  on  the  table. 

The  following  amendment  to  article  146 
was  rejected: 

Ai-ticle  146— To  strike  out,  3d  line,  the 
words  "two-thii'ds, "  and  insert  the  words 
"a  majority." 

W.  R.  Ceane. 
The  following  amenclment  to  article  146 
was  adopted: 


272  JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


To  insert),  5tli  line,  the  word  "respec- 
tive," between  the  words  "their"  and 
"journals." 

Recommended  by  the 

Committee. 
Mr.  Cromwell  moved  to  amend  by  add- 
ing: 

And  no  more  than  one  amendment  shall 
be  submitted  at  one  time. 

The  amendment  was  rejected. 

Ai-ticle  M6,  as  amended,  was  adopted,  as 
follows : 

TITLE   X  —  MODE  OF   EEVISING  THE  CONSTI- 
TUTION. 

Art.  146.  Any  amendment,  or  amend- 
ments, to  this  Constitution,  may  be  pro- 
posed in  the  Senate  or  House  of  Rej)resent- 
atives,  and  if  the  same  shall  be  agreed  to 
by  two-thirds  of  the  members  elected  to 
each  House,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their 
respective  journals  with  the  ayes  and 
nays  taken  thereon,  and  the  Secretary 
of  State  shall  cause  the  same  to  be 
pubKshed  three  months  before  the 
next  general  election  for  representatives 
to  the  General  Assembly,  in  at  least  one 
newspaper  in  every  parish  in  the  State  in 
which  a  newspaper  shall  be  published;  and 
such  proposed  amendment  or  amendments 
shall  be  submitted  to  the  people  at  said 
election;  and  if  a  majority  of  the  voters  at 
said  election  shall  approve  and  ratify  such 
amendment  or  amendments,  the  same  shall 
become  a  part  of  this  Constitution.  If 
more  than  one  amendment  shall  be  sub- 
mitted at  one  time,  they  shall  be  submitted 
in  such  manner  and  form  that  the  people 
may  vote  for  or  against  each  amendment 
separately. 

Article  147  was  adopted  as  follows  : 

TITLE  XI— SCHEDULE. 

Art.  147.  The  ordinance  of  secession 
of  the  State  of  Louisiana  passed  twen- 
ty-sixth January,  eighteen  hundred 
and  sixty-one,  is  hereby  declared  to  be 
nuU  and  void.  The  Constitution  adopted 
in  eighteen  hundred  and  [sixty-four, 
and  all  previous  Constitutions  in  the 
State  of  Louisiana  are  declared  to  be 
superseded  by  this  Constitution. 

Mr.  Jones  was  called  to  the  chair. 

The  following  amendment  to  article  148 
was  rejected  : 

Article  148  — To  strike  out  10th,  11th, 
23d,  24th,  25th,  26th  and  27th  lines. 

W.  H.  COOLEY. 

Article  148  was  adopted  as  follows : 
Akt.  148.  All  rights,  actions,  prosecutions, 
claims,  contracts,  and  all  laws  in  force  at  the 


time  of  the  adoption  of  this  Constitution,  and 
not  inconsistent  therewith,  shall  continue 
as  if  it  had  not  been  adopted.  All  judg- 
ments and  judicial  sales,  marriages  and  ex- 
ecuted contracts  made  in  good  faith  and  in 
accordance  with  existing  laws  in  this  State, 
rendered,  made,  or  entered  into  between  the 
twenty-sixth  day  of  January,  eighteen  hun- 
dred and  sixty-one,  and  the  date  when  this 
Constitution  shall  be  adopted,  are  hereby  ' 
declared  to  be  vaUd,  except  the  following 
i  laws : 

'  'An  act  tg  authorize  the  widening  of  the 
new  canal  and  basin."  Approved  March 
14th,  1867. 

"An  act  to  amend  and  re-enact  the  121st ' 
section  of  an  act  entitled  'An  act  relative  ; 
to  crimes  and  offences.'"    Approved  De- 
cember 20th,  1865. 

'  'An  act  for  the  x^unishment  of  persons 
for  tampering  with,  persuading  or  enticing 
away,  harboring,  feeding  or  secreting  labor- 
ers, servants  or  apprentices."  Approved 
December  21st,  1865. 

"An  act  to  jDunish,  in  certain  cases,  the 
employers  of  laborers  and  apprentices." 
Aj^proved  December  21st,  1865. 

"An  act  in  relation  to  exemption  from 
State,  parish  and  city  taxes  for  the  years 
1862,  1863,  1864,  and  1865,  in  certain 
cases."    Certified  16th  March,  1866. 

"An  act  grantino  ferry  privileges  to  C. 
K.  Marshall,  his  heirs  or  assigns."  Ap- 
proved March  10,  1866. 

"An  act  to  authorize  the  board  of  levee 
commissioners,  of  the  levee  district  in  the 
parishes  of  Madison  and  Carroll,  to  issue 
bonds,"  etc.,  etc.  Approved  March  28, 
1868. 

Section  third  of  "An  act  to  organize  the 
police  of  New  Orleans,  and  to  create  a 
police  board  therein."  Approved  12tli 
February,  1866. 

Article  149  was  adojDted  as  follows: 

Art.  149.  The  laws  relative  to  the  duties 
of  ofHcers  shall  remain  in  force,  though 
contrary  to  this  Constitution,  and  the 
several  duties  be  performed  by  the  respec- 
tive officers,  until  the  organization  of  the 
government  under  this  Constitution. 

Article  150  was  adopted  as  follows: 

Art,  150.  The  Legislature  shaU  provide 
for  the  removal  of  causes  now  pending  in 
the  courts  of  tbis  State  to  courts  created 
by  or  under  this  Constitution. 

Title  XI  was  adopted  as  a  whole. 

Article  151  was  adopted  as  follows: 

TITLE  Xn — ORDINANCE. 

Art.  151.  Immediately  upon  the  adjouni- 
ment  of  this  Convention,  this  Constitu- 
tion shall  be  submitted  for  ratification 
to  the  registered  voters   of  the  State,, 


joue:n"al  of  the  coxstitutioxal  conyextion. 


273 


in  conformity  to  the  Act  of  Congress 
passed  March  2,  1867,  entitled  "An  act  to 

XDrovide  for  the  i^orc  efficient  government 
of  the  Eel^el  States,"  and  the  acts  supple- 
mentary thereto. 

Mr.  Wifkliffe  moved  to  lay  on  the  table 
the  following  recommendation : 

Articles  152,  153,  154,  155,  156,  15'i 


,  158, 

159  and  160— To  strike  out  the  entire  arti 
cles,  and  insert  articles  1-18  and  150,  ma^ 
jority  report,  as  folloivs:  j 

Art.  — .  After  the  Constitution  shall 
have  been  ratified,  the  President  of  the ' 
Convention,  or,  in  case  of  his  death  or  ab- ' 
sence,  the  Chief  Justice  of  the  State,  shall  | 
immediately  give  notice  of  the  ratification  j 
thereof,  anil  order  an  election  of  all  elective  . 
officers  under  this  Constitution,  to  take  | 
"place  v,'itlii:\  thirty  days  thereafter.  Imme- 1 
diately  aft  -r  tho  ratification  of  this  Consti-  j 
tution,  the  President  of  the  Convention  i 
shall  aiDi^oint  one  registrar  in  each  parish,  i 
except  the  parish  of  Orleans,  and  one  in ! 
each  district  of  the  parish  of  Orleans,  who  j 
shall,  each  in  his  parish  or  district,  appoint ; 
commissioners  to  hold  the  first  election 
under  this  Constitution. 

Aet.  — .  The  election  thus  ordered  shall  i 
be  held  at  the  place  now  prescribed  by  law, 
and  shall  continue  two  days;  the  place  for 
voting  to  be  kept  open  from  sun-ri&e  to  sun- 
set each  day.  Pieturns  shah  be  made  in 
duplicate,  sworn  to  by  the  commissioners 
holding  the  election,  and  forwarded  ^^itliin 
three  days  thereafter  to  the  registrar  of  the 
parish  or  district.  The  registrar  shall  im- 
mediately forward  one  copy  of  said  returns 
to  the  President  of  the  Convention,  or  in 
case  of  his  death,  to  the  Chief  Justice  of 

the  State,  who  shall  within  days  after 

the  last  day  of  the  said  election  make  proc- 
lamation of  the  result  thereof.  All  officers 
thus  elected  shall  enter  upon  the  discharge 
of  their  respective  duties  on  the  Monday 
next  succeeding  the  day  \ipon  which  the 
proclamation  heretofore  j)rovided  for  shall 
be  made,  and  continue  in  office  until  their 
successors  shall  be  inducted  into  office. 

W.   H.  COOLEY, 

W.  E.  Ckane. 

Adopted. 

Mr.  WickHffe  moved  to  fiU  the  blank 
in  article  152,  by  insertino:  "Fiiday  and 


[    Recommended  by  the 

!  CoMmTTEE. 

;  Article  152,  as  amended,  was  adoxDted,  as 
I  follows : 

I  Aet.  152.  The  election  for  the  ratifica- 
!  tion  of  the  Constitution  shall  be  held  on 
;  Friday  and  Saturday,  the  seventeenth  and 
eighteenth  days  of  April,  eighteen  hundred 
i  and  sixty-eight,  at  the  places  now  pre- 
I  scribed  by  law,  and  the  polls  shall  be 
j  kept  open  from  7  o'clock  a.  to  7  o'clock 
p.  31.  At  that  election  all  those  in  favor  of 
ratifying  the  Constitution  shall  have  written 
or  printed  on  their  ballots  "For  the  Consti- 
I  tution,"  and  those  o^Dposed  to  ratifying  the 
I  Constitution  shall  have  written  or  x)rinted 
on  their  ballots  ' '  Against  the  Const?.tu- 
I  tion." 

I    Mr.  Blandin  moved  to  lay  the  following 
I  recommendation  on  the  table. 
;    Article  153 — To  strike  out.  4th  line,  all 
I  after  the  word  "ratification,"  to  the  word 
I  "at,"  6th  line,  and  insert  the  follomng: 
"For  members  of  the  Generiil  Assembly,- 
members  of  Congress,  and  for  State  officers 
to  fill  the  offices  created  by  this  Constitu- 
tion in  the  articles  under  the  title  of  Execu- 
tive Department." 

Ft,  Waples. 

Adopted. 

Mr.  Cooley  moved  to  amend  article  153, 
by  striking  out  the  words,  7th  hue,  "under 
the  reconstruction  acts  of  Congress." 
Laid  on  the  table. 

Mr.  Packard  moved  to  amend  article  153 
by  adding,  8th  line,  ''Provided,  That  any 
elector  shall  be  eligible  to  any  office  under 
any  municip»al  coi'XDoration  in  this  State." 

j  Adopted. 

'  Article  153,  as  amended,  was  adopted, 
j  as  follows : 

I  Aet.  153.  In  order  to  establish  a  civil 
•  government  as  required  by  act  of  CongTess, 
I  passed  March  23,  1867,  an  election  shall  be 
held  at  the  same  time  and  place  at  which 
the  Constitution  is  submitted  for  ratifica- 
tion or  rejection  for  aU  State,  judicial, 
parish  and  municipal  officers  for  members 
of  the  General  Assembly,  and  for  Con- 
gi-essional  Pvepresentatives,  at  which  elec" 


eight,  at  the  places  now  prescribed  bylaw. 
Adopted. 

The  following  recommendation  was 
adopted : 

Ai-ticle  152 — To  strike  out,  1st  line,  the 
•words  "or  rpjectiou." 
19 


elector  shall  be  eligible  to  any  office  undei 
any  municipal  coriDoration  in  this  State. 

Mr.  Wickliffe  moved  to  adopt  the  follow- 
ing as  an  article  of  the  Constitution  in  the 
place  of  article  154: 
Aet.  154  At  the  election  for  the  ratiSca- 


274 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


tion  of  the  Constitution,  and  for  officers  of 
the  civil  goYernment,  as  required  by  Con- 
gress, all  registered  electors  may  vote  in 
any  parish  where  they  have  resided  for  ten 
days  next  preceding  said  election,  and  at 
any  precinct  in  the  parish,  upon  presenta- 
tion of  their  certificate  of  registration,  affi- 
davit or  other  satisfactory  evidence  that 
they  are  entitled  to  vote  as  registered 
electors. 
Adopted. 

Articles  155  and  156  were  adopted,  as 
follows : 

Abt.  155.  The  same  registrars  and  com- 
missioners who  shall  be  ai^pointed  by  the 
Commanding  GenerpJ  of  the  Fifth  Military 
District  to  superintend  the  election  for  the 
ratification  or  rejection  of  the  Constitution, 
shall,  also,  at  the  same  time  and  place,  su- 
perintend the  election  for  all  officers  and  rep- 
resentatives herein  ordered,  provided  they 
be  authorized  so  to  act  by  the  Command- 
ing General.  And  in  case  the  Command- 
ing General  should  not  so  authorize 
isaid  registrars  and  commissioners,  the 
Committee  of  Seven,  appointed  by  this 
Convention  to  take  charge  of  the  whole 
matter  of  the  ratification  of  the  Constitu- 
tion, and  the  election  of  civil  officers,  shall 
appoint  one  registrar  for  each  parish  in  the 
iState,  excei^t  the  parish  of  Orleans,  and 
one  in  each  district  of  the  parish  of  Orleans — 
counting  Orleans,  right  bank,  as  one  dis- 
trict— who  shall  each,  in  his  parish  or  dis- 
trict, appoint  a  sufficient  number  of  com- 
missioners of  election  to  hold  the  said 
election  for  said  civil  officers  and  Eepre- 
isentatives,  at  the  same  time  and  place  as 
lierein  provided  for. 

Art.  156.  Eeturns  shall  be  made  in  dupli- 
teate,  sworn  to  by  the  commissioners  hold- 
ing the  election,  and  forwarded  within 
three  days  thereafter,  to  the  registrars  of 
the  parish  or  district.  The  registrar  shall 
immediately  forward  one  copy  of  said  re- 
turns to  the  chairman  of  the  Committee  of 
Seven  ai3pointed  by  this  Convention,  who 
shall,  within  ten  days  after  the  last  return 
lias  ioeen  received,  make  proclamation  of 
the  result  of  said  election. 

Mr.  Wickliffe  moved  to  adopt  the  fol- 
lowing as  an  article  of  the  Constitution,  in 
the  place  of  article  157 : 

Aet.  157.  All  civil  ©fficers  thus  elected 
shall  enter  upon  the  discharge  of  their 
duties,  on  the  second  Monday  after  the 
return  of  their  election  shall  have  been 
officially  promulgated,  or  as  soon  as  quali- 
fied according  to  laAv,  and  shall  continue 
in  office,  for  the  terms  of  their  respective 
offices,  herein  prescribed,  said  terms  to 


date  from  the  first  Monday  in  November, 
following  the  election. 

Mr.  Cooley  moved  to  amend  by  adding 
the  words  *' eighteen  hundred  and  sixty- 
seven  "  after  November,  in  the  last  line, 
and  striking  out  the  words  "following 
their  election." 

Mr.  Wicldiife  moved  to  lay  the  amend- 
ment of  Mr.  Cooley  on  the  table. 

xidopted — ayes  35,  nays  22 — as  follows  : 

Yeas:  Baker,  Blackburn,  Blandin,  Bur- 
rel,  CromwoU  Douglas,  Dupart  U.,  Fran- 
cois, Gardiner,  Harper,  Harris,  Hemj)- 
I  stead,  Ingraham,  Jones,  Lange,  Leroy, 
i  Marie,  Massicot,  Meadows,  McLeran, 
Moses,  Oliver,  Packard,  Pierce,  Pinchback, 
I  Poindexter,  Pollard,  Eeagan,  Schwab, 
Thibaut,  Twitchell,  Underwood,  Vidal, 
Wickliife,  Williams,  Wilson — 35  yeas. 

Nays:  Belden,  Bertonneau,  Bonnefoi, 
Brown,  Butler,  Cooley,  Crane,  Crawford, 
Dearing,  Deslonde'P.  G.,  Dupart  G.,  Du- 
plessis,  Esnard,  Fuller,  Ferguson,  Harrison, 
Isabelle  E.  H.,  Isabelle  Thos.,  Mushaway, 
Eiard,  Eiggs,  Eodriguez — 22  nays. 

The  substitute  of  Mr.  Wickliffe  for  article 
157  was  adopted  as  follows: 

All  civil  officers  thus  elected  shall  enter 
upon  the  discharge  of  their  duties,  on  the 
second  Monday  after  the  return  of  their 
election  shall  have  been  officially  promul- 
gated, or  as  soon  as  qualified  according  to 
law,  and  shall  continue  in  office,  for  the 
terms  of  their  respective  offices  herein  pre^ 
scribed,  said  terms  to  date  from  the  first 
Monday  in  November  following  the  elec- 
tion. 

Mr.  Crane  moved  to  adopt  the  following 
recommendation : 

Article  158 — To  strike  out,  2d  line,  the 
words  "Baton  Eouge,"  and  insert  the  words 
"New  Orleans. "  W.  Crane, 

E.  Waples. 

Mr.  Lange  moved  to  lay  the  motion  on 
the  table.  Lost. 

The  amendment  was  adopted. 

The  following  recommendation  was 
adopted: 

To  strike  out  the  words  "Baton  Eouge,'* 
and  insert  the  words  "New  Orleans." 

Mr.  Cooley  moved  to  adopt  the  following 
recommendation  by  members  of  the  com- 
mittee : 

Article  158 — To  strike  out  all  after  the 
word  "1866,"  in  sixth  line.  E.  Waples, 

W.  E.  Ceane, 
W.  H.  Cooley. 


JOUKNAIi  OP  THE  CONSTITUTIONAL  CONVENTION. 


Mr.  "Wickliffe  moTed  to  lay  the  motion 
on  the  table. 
Adopted. 

Article  158,  as  amended,  i^as  adopted,  as 
follows : 

Art.  158.  The  General  Assembly  elected 
under  this  Constitution  shall  hold  its  first 
'  session  in  the  city  of  New  Orleans  on  the 
third  Monday  after  the  official  promulga- 
tion aforesaid,  and  proceed  immediately 
upon  its  organization  to  vote  uiDon  the 
adoption  of  the  14th  amendment  to  the 
Constitution  of  the  United  States,  proposed 
by  Congress,  and  passed  June  13,  1866. 
Said  Legislature  shall  not  have  power  to 
enact  any  laws  relative  to  the  ^jer  aiejii  of 
members  or  any  other  subject,  after  organi- 
zation, until  said  Constitutional  Amend- 
ment shall  have  been  acted  upon. 

Mr.  Waples  moved  to  amend  article  159 
by  striking  out,  in  the  6th  line,  the  words 
"herein  provided  for." 

AdojDted. 

Article  159,  as  amended,  was  adopted,  as 
follows :  • 

Art.  159.  AU  registrars  and  commission- 
ers appointed  under  this  Constitution, 
shaU,  before  entering  upon  their  duties, 
take  and  subscribe  the  oath  of  office  pre- 
scribed by  Congress,  approved  July  2,  1862, 
entitled  "An  act  to  prescribe  an  oath  of 
office;"  the  said  oath  of  office  shall  be  admin- 
istered, to  each  registrar,  by  the  Chairman 
of  the  Committee  of  Seven,  and  to  each 
commissioners  by  the  registrar  appointing 
him. 

Article  160  was  adopted  as  follows: 

Aet.  160.  All  registrars,  commissioners, 
and  other  officers,  necessary  to  carry  into 
effect  the  provisions  of  this  Ordinance, 
except  as  otherwise  provided  for  by  the 
Eeconstruction  Acts  of  Congress,  shall  be 
paid  oiit  of  any  funds  raised  by  virtue  of 
the  Tax  Ordinance,  adopted  by  the  Con- 
vention, December  24,  1867,  not  otherwise 
appro23riated. 

Mr.  Cooley  moved  to  adopt  the  following 
as  an  article  of  the  Constitution: 

Abt.  — .  Nothing  contained  in  article 
148  shall  be  construed  as  a  repeal  of  the 
laws  excepted  therein,  as  it  is  not  intend- 
ed by  the  Convention  either  to  ratify  or 
disapprove  of  them. 

Mr.  Harris  moved  to  lay  the  motion  of 
^r,  Cooley  on  the  table. 
Adopted. 

Title  Xn  was  adopted  as  a  whole. 
Mr.  Wickliffe  moved  to  adopt  the  Con- 
stitution as  a  whole. 


Adopted — ayes  71,  nays  6 — as  follows  : 
Ayes :  Antoine,  Baker,  Belden,  Berton- 
neau,     Blackbui*:i,     Blandin,  Bonnefoi, 
i  Brown,  BurreU,  Butler,  Crane,  CromweU, 
I  Cuney,  Depasseau,  P.  G.  Deslonde,  Jos. 
I  Deslonde,  Donato,  Douglas,  G.  Duparte, 
j  U.  Dupart,  Duplessis,  Esnard,  Francois, 
j  Fuller,  Gardiner,  Guichard,  Harper,  Har- 
j  ris,  Hempstead,  Ingraham,  B.  H.  Isabelle, 
Thomas  Isabelle,  Jackson,  Jones,  Kelso, 
I  Lange,  Leroy,  J.  B.  Lewis,  Eichard  Lewis, 
!  Marie,  Martin,  Massicot,    Meadows,  Mc- 
I  Leran,  Morris,  Moses,  Mushaway,  Myers, 
iNewsham,  OHver,  Packard,  Pierce,  Pinch- 
I  back,  Poindexter,  Pollard,  Eeagan,  Pieese, 
I  Eiard,  Biggs,  Eodi'iguez,  Schwab,  Snaer, 
|Thibaut,  Twitchell,  Underwood,  Yalfroit, 
jVidal.  Waples,  Wickliffe,  ^V^ilhams,  Wil- 
son— 71  ayes. 

Nays  :  Cooley,  Crawford,  Dearing,  Fer- 
guson, Harrison,  Vandergriff — 6  nays. 

The  yeas  and  nays  being  called  upoa 
the  adoption  of  the  Constitution  as  a 
whole,  Mr.  Blackburn,  of  Claiborne,  voted 
7/es,  with  the  following  protest  against 
some  of  its  features: 

pkotest. 

Me.  Pkesident — I  desire  to  give  some 
reasons  for  dissenting  from  portions  of  the 
Constitution  now  about  to  be  submitted  to 
the  people  for  their  approval  or  rejection, 
while  at  the  same  time  I  shall  agree  to  vote 
for  the  adoption,  and  sign  the  instrument 
as  a  vv'hole,  and  recommend  its  ratification; 
and  what  I  say  may  not  be  entirely  original 
in  either  thought  or  language,  but  is  never- 
theless gathered  from  mature  meditation 
upon  what  I  have  read  and  experienced, 
and  will,  I  trust,  be  deemed  appropriate, 
and  worthy  to  be  siDread  upon  the  journal 
of  the  Convention. 

TheD,  Mr.  President  and  gentlemen  of 
the  Convention,  allow  me  to  say  in  the  forc- 
ible and  telling  language  of  one  of  the  ablest 
writers  of  the  age,  that  the  great  false  idea 
from  which  we  have  suffered  and  are  suffer- 
ing so  much,  viz :  ' '  That  if  you  can  only- 
get  a  certain  law  or  constitutional  provision 
passed,  your  object  will  be  accompKshed,'* 
is  an  indea  drawn  from  aristocratic  societies, 
and  has  in  truth  neither  use  nor  practical 
application  in  this  country.  In  aristocracies 
the  oiDinions  of  but  few  men  are  expressed 
in  legislation ;  and  they  are  generally 
maturely  weighed,  and  form  a  part  of  a  de- 
liberately framed  policy  before  they  ar© 
embodied  in  legislation.  The  acts  in  v\'hich 
they  are  clothed  are  therefore  likely  to 
stand,  and  do  stand,  and  often  work  im- 
portant social  changes,  no  matter  how  un- 
wise they  may  be,  or  what  the  j^eople  think 
of  them.    But  in  a  Democracy  like  ours. 


S76 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


there  is  no  use  in  legislating  in  advance  of 
the  popular  sentiment,  by  which  I  mean, 
a  patriotic  and  enlightened  public  senti- 
laent.  True,  the  legislator  may  be  a  bet- 
ter man  than  his  fellows,  and  he  may 
jseem  to  have  a  sx3lendid  opportunity  of  set- 
ting the  world  to  rights,  audit  may  be  that 
he  is  only  trying  to  enforce  some  principle, 
to  which,  though  the  people  may  not  be 
prepared  for  it,  yet,  they  will  one  day  work 
Tip;  but  he  will,  under  such  circumstances, 
not  only  not  help  the  cause  he  has  at  heart, 
but  hinder  it,  if  he  seeks  to  base  his  legis- 
lation on  simply  his  own  ideas  of  right,  and 
not  on  firm,  popular  and  well  matured 
public  co7ivictiou. 

If  there  is  one  thing  which  experience 
is  teaching  modern  nations  more  thorough- 
ly than  another  it  is  the  comparative  worth- 
lessness  of  allnier!,  political  arrangements 
on  paper,  whether  constitutions,  treaties, 
or  legislative  acts.  The  mere  fact  that  they 
s^re  laws,  passed  and  recorded  with  the  pro- 
per formalities,  seems  of  itself  to  gain 
for  them  neither  durableness  nor  authori- 
ty. I  believe  I  alluded  to  this  fact,  and  in- 
stanced the  practical  futihty  of  the 
Civil  Rights  bill  in  localities  where  the 
popular  sentiment  is  opposed  to  its  execu- 
tion, in  discussing  an  important  provision 
in  the  Constitution  which  was  passed 
against  my  solemn  protestation  and  earnest 
advice — a  provision,  the  "importance" 
of  which,  I  may  say,  consists  in  ijDS  folly 
and  impracticalDility.  The  pages  of  our 
legislation  are  dotted  and  marred  every- 
"where  with  those  worthless  and  mis- 
chievous palmer  guaranties,  formed  in 
folly  and  against  reason  and  the  public  ap- 
probation. Of  all  the  treaties  which  have 
been  made  between  civilized  nations  since 
1800,  not  one  has  the  least  force,  except 
what  it  draws-^from  the  support  and  ap- 
proval of  pu])lic  opinion  at  the  j^i'esent 
day.  The  treaties  of  1815  were  supposed 
to  have  made  the  settlement  of  Europe, 
arranged  in  that  year,  periietiial.  They 
began  to  be  rent  in  twain,  however,  fifteen 
years  later,  and  now  not  a  shred  remains. 
Q^he  treaty  of  Paris  was  supposed  to  have 
driven  Russia  out  of  the  Black  Sea  and 
settled  the  "Eastern  Question."  But  what 
is  the  treaty  worth  to-day '? 

Forty  years  ago,  about  the  time  when 
the  British  and  American  Constitutions 
were  furnishing  models  for  "charters"  to 
such  of  the  other  nations  of  the  earth  as 
longed  for  constitutional  government, 
there  was  a  widespread  behef  among 
politicians  that  if  you  only  gave  a 
country  a  well  drawn  constitution, 
properly  engrossed,  attested,  and  sworn 
to,  its  happiness  was  sure.  France, 
Greecej  Belgium,  and  the  Spanish  and 


American  republics  all  sought  this  ?m- 
aginary  short  and  easy  road  to  liberty  and 
prosperity.  And  during  the  anti-slavery 
struggle  in  this  country,  each  side  flattered 
itself  that  if  it  could  only  procure  the  em- 
bodiment of  its  views  in  an  act  of  Con- 
gress, or  in  a  judicial  decision,  the  struggle 
would  be  over.  When  the  ordinance  of 
1789  was  i^assed,  the  Northwest  was  sup- 
posed to  be  henceforvv'ard  secured  to  free- 
dom. When  the  Missouri  compromise 
was  made,  the  conflict  between  the  rival 
systems  of  labor  was  believed  by  the  au- 
thors of  the  measure,  and  by  a  large 
portion  of  the  public,  to  be  at  an  end. 
The  Fugitive  Slave  Law  was  looked  uj^on 
as  another  great  quieter  of  controversy. 
But  none  of  these  measures  could  com- 
pare with  the  Dred  Scott  Decision  !  We 
all  know  the  shouts  of  triumph  that  came 
from  the  throats  of  the  devotees  of 
slavery,  as  that  was  hurled  at  the 
heads  of  Re]3u]^licans.  There  it  was,  duly 
rendered  in  full  court  on  final  appeal, 
with  reasons  given,  and  every  form  com- 
plied with;  what  was  there  left  for  the 
friends  of  freedom  to  do  but  to  submit  and 
be  silent?  But  where  are  all  these  "settle- 
ments" now?  And  the  temperance  reform- 
ers all  over  the  North  have  for  many  years 
been  fully  satisfied  that  if  they  could 
only  get  drinking  prohibited  by  law,  they 
would  confer  one  of  the  greatest  of  benefits 
on  the  community;  and  they  were  ever  ready 
and  willing  to  have  the  law  passed  any  way, 
by  strategem,  by  surprise,  in  a  fit  of  ex- 
citement or  enthusiasm.  The  great  thing 
was  to  make  drinliing  illegal;  this  done, 
no  matter  what  the  moderate  drinker  said 
or  felt,  the  good  cause  vras  triumphant. 
But  we  all  know  what  the  end  of  these  un- 
natural efforts  has  been.  And  the  late  so- 
called  acts  of  secession  in  the  Southern  i 
States  form  another  striking  example  of  the 
folly  of  legislative  "snap-judgments,"  as 
against  the  moral  sentiment  of  the  patriotic 
and  enlightened  maf-ses  in  a  free  country; 
and  if  necessary,  we  might  even  come  down 
and  enumerate  some  of  the  practical  incon- 
sistencies and  wordy  impossibilities,  not  to 
say  self-destroying  injustice,  to  be  found 
in  the  Reconstruction  acts  under  which  we 
are  now  operating. 

In  fact,  the  mere  passing  of  an  act  in  a 
Democracy'',  if  it  is  not  the  expression  of  the 
popular  will — and  hj  this  I  mean  the  popu- 
lar will  formed  by  careful  reflection,  by 
time,  and  by  a  fair  consideration  of  aU  the 
arguments  for  and  against  the  proposed 
measure — maybe  said  to  be  not  only  worth- 
less^ but  injurious;  because  it  leads  to  that  in- 
cessant unrest  and  uncertainty,  that  want  of 
fixity  in  policy,  want  of  respect  for  vested 
rights,  and  that  constant  doing  and  undoing 


JOUBXAL  OF  THE  CONSTITrTIOXAL  COXA^XTIOX, 


■vrliieh  are  every  year  more  and  more  tlie 
cliaraoteristios  and  curse-^  ijf  (jur  legislation, 
both  oornire-<ional  and  State. 

Tn  >  -  / 1  Tiei  allusi'jns  mav  clearly  indi 
out-idt?  <jf  any  purty  C':i!:-^iderati'-in.  my  ■ 
jections  to  ^-■jm-  f-;.tnr--  >  >:  t:i^■  ('  o:-:\rnti  'i: 
Trhicli  this  C^invcntinn  i<  n^w  oai^'^^iL^- 
to  the  qnalihed  voters  of  the  Stat-  - 
action.    But  vhth  all  its  faults.  I  >  . 
that  it  contains  much  more  of  good  than  l'I 
evil,  and  shall  therefore  v.jte  for  its  adop- 
tion as  a  whole,  and  heartily  recornni  ^-nO 
its  ratification,  believing  that  it  may  prove, 
at  least,  a  stepping-stone  to  V^-rter  days — 
and  feeling,   too.   that  any  change  in  this 
country  at  the  present  time,  whether  in  a 
X^oliticul.  financial,   social  or  moral  sense, 
cannot  fail  to  i>;-  for  the  bietter, 

Eespcctfnlly  submitted,  ^virh  the  rerj[uest 
that  it  go  tipon  the  record — under  the  rule 
that  a  member  has  the  privilege  of  explain- 
ing his  vote  in  writing. 

T\h  Jaspef.  BnACKErEN, 

Clai'oorne  Parish. 

Mr.  Crawford  recorded  the  follovdng 
reasons  for  his  vote : 

PROTEST    OF   T.    S.    CEAWTOED,  OF  CALFWEEE 
AND  OrACHITA. 

The  undemgned  member  of  the  Consti- 
tutional Convention  of  the  State  of  L':aiLs- 
iana  respectfully  submits  the  following  as 
some  of  the  rea-ons  which  impel  him  to 
vote  against  the  adoption  of  the  Constitti- 
tion  framed  by  this  Convention: 

1.  In  the  BiU  of  Plights,  social  equality 
is  atteznpted  to  be  enf^jrced.  and  the  right 
of  citizens  to  control  their  owni  p>roperty  is 
attempted  to  be  tahen  from  them. 

2.  A  juclicial  sy.^tem  has  been  adopted 
wdiich.  in  mv  opinion,  is  radically  defective 
and  will  render  uncertain  and  insecure  the 
rights  to  property  and  the  lives  and  liber- 
tif  s  of   the  people. 

3.  A  system  of  pul^lic  education  has  been 
adopted,  wiiich.  in  my  opinion,  will  force 
heavy  cuiitriVniti'^ns  from  the  tax-payers  of 


itn'ely  prevent  any 


tne  btate  and  will  eutirel 
pubilic  srdiools  from  beting  carried  into 
efi'ect.  and  tend  to  prevt-nr  the  rising  gen- 
eration from  b"ing  educated,  and  to  entail 
upon  the  State  a  large  class  of  igncirant  in- 
habitants, and  wiU  subject  the  St;;t3  to 
the  exclusive  control  of  the  ignorant  and 
uneducated. 

■4.  A  system  of  proscription  is  a  l^'pte' ■ 
wdiich  attempts  to  deprive  a  large  clas>  v.'t 
ciLizens  the  privilege  of  voting  or  hold- 
ing othcp  wdio  are  liaide  to  pay  taxes  and 
as-i-t  in  l-Caring  th^/  burd'Oi  ^n  ^o^^-crnn 
and  thr'  n:-o.mei  ...i  r- '.^ni-n  i>  c  u."'o:  /"  . 
to  invit-  the  mean  luid  unprincipi  d  i  > 
pLiitici]:':ue  in  voting  and  holding  ^  ihh'';, 
ctud  to  drive  awav  the  cood  and  honorable. 


5.  The  oatl: 
the  C'Ui-titari' 
iicid'v-^. 

.    The  dir 


lead  to  hostile  colhsi' 

utt->r-ntiver-ior,  r,f  eP 

d^i- 


27T 

•'n  '  "'n-istent  witli 
-   b -graceful  and 

-  -I  the  Constitti- 
:  '--v  and  per- 
•:-n  the  cit- 
xtent  as  will 
l.y  and  the 
.  'vernments; 
itution.  will 
~       ni,  and  "pre- 
vr  1  lie  fState,  retard  her 

pr-.  er  int!?raal  improve- 

me;  :  iier  prosperity  and  destroy 

her  ad  happine^^. 

He  re-pe';tfully  a-k-  that  these  reasons  be 
entered  upon  the  jeurnrd  of  the  Conven- 
tion, T,  S,  Ci-.AvrFOPJD. 

Mr,  Harrison  recorded  the  following  rea- 
sons for  his  Vote: 

In  additiun  to  the  reasons  assigned  by 
Judge  Crawford.  I  vote  against  the  Consti- 
tution, because : 

1.  I  am  opposed  to  any  disfranchisement. 

2.  In  my  opinion,  the  wh-jle  plan  of  re- 
construction is  agTariaii  and  adverse  to 
Christian  c  i  v  il  i  z  a  t  i  o  n . 

[Signed]       Thos,  P.  Haekison, 

of  W  orehou>e  and  Carroll. 

Mr,  Ingraham  recorded  the  following 
reasons  fcir  his  vote: 

I  vote  :v->  with  the  profound  conviction, 
that  the  Constitution  secures  to  all  peoplo 
of  this  State  equal  ju.stice, 

Mr.  TwitclieU  recorded  the  following  rea- 
sons for  Ms  vote : 

I  vote  for  the  Con.stitution,  protesting 
against  title  8,  believing  that  in  the  present 
con(iition  of  the  State  a  just  division  of  the 
pidd'c  school  fund  among  the  cliildren  of 
the  State  is  the  onlv  proper  course  to  be 
pursued. 

i  Signed]  M.  H.  TwircKEiiL, 

l\Ir,  Bertonneau  moved  tliat  absent  mem- 
bers V'e  allowed  to  rec-  '  vote  on  the 
adoptiL'n  of  the  Const.; 
It  was  adopted. 

Mr.  Waples  moved  that  the  phraseology 
of  article  98  be  changed  so  as   to   read  as 

follows : 

Am.  9S.  The  following  persons  shaU  be 
-■d  from  voting  and  from  holding 
i  'c:    All  pt-rsons   who   shall  have 
1'    II   -  aivicted  of  treason.  pei*jiirT,  forgery, 
bi  Lb  ry.  or  other  crime  punishable  in  the 
oiteiitiarv.  and  per.souo  under  interdic- 

All    ]>'-o-^-y.  estopped  hoia 

>  bnaii:.g:h.  :     _  nge,  by  abjuring 

their  allegiance  to  the  United  States  Gov- 


278  JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


ernment,  or  by  notoriously  levying  war 
against  it,  or  adhering  to  its  enemies,  giv- 
ing tlieni  aid  or  comfort,  but  wlio  liave  not 
expatriated  tliemRelves,  nor  have  been  con- 
"sdcted  of  any  of  the  crimes  mentioned  in 
the  first  paragraph  of  this  article,  are  here- 
by restored  to  the  said  right,  except  the 
following:  Those  who. have  held  office,  civil 
or  military,  for  one  year  or  more,  under  the 
organization  styled  "the  Confederate  States 
of  America;"  those  who  registered  them- 
selves as  enemies  of  the  United  States; 
those  who  acted  as  leaders  of  guerilla 
bands  during  the  late  rebellion;  those  who, 
in  the  advocacy  of  treason,  wrote  or  pub- 
lished neAvspaper  articles,  or  preached  ser- 
mons during  the  late  relDellion;  and  those 
•who  voted  for  and  signed  an  ordinance  of 
secession  in  any  State.  No  person  included 
in  these  exceptions  shall  either  vote  or 
hold  office  until  he  shall  have  relieved  him- 
self by  voluntarily  writing  and  signing  a 
certificate  setting  forth  that  he  acknow- 
ledges the  late  rebellion  to  have  been 
morally  and  x^olitically  wrong,  and  that  he 
regrets  any  fiid  and  comfort  he  may  have 
given  it,  and  he  shall  file  the  certificate  in 
the  office  of  the  Secretary  of  State,  and  it 
shall  be  published  in  the  official  journal; 
Provided,  That  no  person  who  prior  to  the 
first  of  January,  1868,  favored  the  execu- 
tion of  the  lawa  of  the  United  States,  popu- 
larly known  as  the  Reconstruction  acts  of 
Congress,  and  openly  and  actively  assisted 
the  loyal  men  of  the  State  in  their  efforts 
to  restore  Louisiana  to  her  position  in  the 
Union,  shall  be  held  to  be  included  among 
those  herein  excepted.  Registrars  of  voters 
shall  take  the  oath  of  any  such  person  as 
jprima  facie  evidence  of  the  fact  that  he  is 
entitled  to  the  benefits  of  this  proviso. 

Mr.  Cooley  moved  that  a  committee  of 
three  be  appointed  to  superintend  the  en- 
loUing  of  the  Constitution. 

Adopted. 

By  Mr.  Wickliffe: 

Motion,  That  the  chairman  of  the  0  m- 
mittee  on  Enrollment  be  instructed  and 
authorized  to  emj)loy  additional  clerks  so 
as  to  have  three  copies  of  the  Constitution 
Teady  for  the  signature  of  the  members  to- 
morrow at  12  o'clock. 

Adopted. 

The  President  appointed  the  following 
members  upon  the  Committee  on  the 
Enrollment  of  the  Constitution  : 

Messrs.  Wickhffe,  Blackburn  and  Ingra- 
liam. 

Mr.  Yalfroit  recorded  the  follow 'ng  rea- 
sons for  his  vote : 

I  vote  yes  for  the  adoption  of  the  whole 


Constitution,  as  it  stands,  for  I  don  t  see 
nothing  in  it  that  restrains  the  rights  of 
any  loyal  citizens  of  the  State  of  Louisiana 
nor  of  the  United  States.  And,  moreover,. 
I  believe  that  this  Constitution  is  the  only 
one  that  will  secure  our  sacred  rights,  and 
bring  the  blessing  of  Almighty  God  upon 
our  noble  State,  and  give  us  our  rights 
and  liberty,  and  the  unity  of  minds  and 
hearts  hereafter  forever. 

[Signed]  P.  F.  Valfkoit, 

Delegate  of  Ascension  Parish. 
Mr.  Baker  recorded  his  vote  as  follows : 
The  removal  of  prejudices  and  time- 
honored  civilized  customs,  by  mere  acts  of 
legislation,  is  not  encouraged  by  the  teach- 
ings of  history;  keeping  this  fact  in  view, 
I  must  as  a  practical  man  dissent  from 
some  of  the  provisions  of  the  Constitution, 
as  adopted,  but  I  vote  for  the  instrument 
as  a  whole,  believing  that  a  return  to  civil 
rule  is  preferable  for  the  people  of  Louis- 
iana, even  upon  a  basis  which  may  be  tempo- 
rary or  some  of  the  features  of  which  maybe 
unjust — to  that  increased  ruin  and  desola- 
tion— moral  and  political,  into  which  they 
must  soon  drift  under  our  present  status  of 
anarchy  and  military  despotism. 

L.  W.  Bakek,  of  Bossier. 
Mr.  Dearing  recorded  the  foUowing  rea- 
sons for  his  vote : 

In  casting  my  vote  against  this  Constitu- 
tion, I  desire  briefly  to  explain  my  motives 
and  sentiments.  I  am  not  actuated  by  any 
captious  opposition  to  the  will  of  the  ma- 
jority, for  against  that  will  far  greater 
abilities  than  mine  have  struggled  in  vain 
upon  this  floor,  and  if  it  be  subsequently 
ratified  by  the  people,  I  shall  of  course 
yield  to  it  with  the  submission  and  good 
grace,  I  hope,  that  is  due  by  every  citizen 
to  the  doctrines  of  our  institutions,  that 
the  majority  must  govern;  not  that  I  think 
the  majority  are  always  right.  For  I  con- 
tend that  in  such  an  important  and  delicate 
a  matter  as  the  framing  of  the  social  con- 
tract under  which  all  are  to  live  and  to  be 
governed,  the  feeling,  the  convictions, 
and  even  the  prejudices  of  any  respectable 
minority  should  be  treated  with  some^  re- 
gard, and  some  spirit  of  mutual  concession. 

In  the  Bill  of  Rights,  the  attempt  that  is 
made  at  legislating  on  social  equality  will 
do  no  good  to  any  one,  and  calculated  to 
open  up  the  way  for  much  turmoil;  it  at- 
tempts to  deprive  persons  of  vested  rights, 
and  the  voluntary  control  of  their 
property.  It  will  prevent  the  introduction 
of  cai^ital,  prevent  emigration,  and  re- 
tard the  progress  of  the  State. 

The  judiciary  is  faulty  in  many  respects. 
I  am  opposed  to  the  articles  on  franchise,  oath 
of  office,  also  the  articles  on  Public  Educa- 


JOUKNilL  OF  THE  CONSTITUTIONAL  CONYENTiOX. 


279 


tion.  And  also,  tlie  mp.king  of  the  seat  of  ! 
Government  at  New  Orleans.  I  am  opposed 
to  tlie  whole  Title  on  Ordinance. 

The  Constitution  contains,  I  know,  many 
valuable  provisions  which  I  should  regret 
to  loose,  but  as  I  cannot  here  seperate  the 
good  that  is  in  it  from  what  I  consider  to 
be  the  overweighing  rubbish,  I  feel  myself 
compelled  to  vote  against  the  whole. 

Geo.  W.  Deaeixg,  Jk., 

of  Rapides. 

Mr.  Fuller  recorded  his  vote  as  follows : 

I  vote  for  the  Constitution,  protesting 
against  artice  13,  article  98,  article  99. 

I  am  strongly  oi3posed  to  disfranchise- 
ment. ^  Hexey  W.  Ftjelee. 

Mr.  Martin  recorded  his  reasons  for  his 
vote  as  follows: 

I  vote  yes.  for  the  adoption  of  the  Consti- 
tution as  a  whole,  with  a  protest  against 
the  proposed  substitute  offered  by  Mr.  Wa- 
13les,  known  as  article  98,  of  the  Constitu- 
tion, and  adopted  as  the  disfranchisement 
clause,  for  the  following  reasons : 

1.  That  I  do  consider  and  believe  that 
men  of  my  race  are  equal  to  the  white  race; 
and  that  they  are  endowed  of  aU  manly  and 
intelligent  faculties ;  and  that  they  are  able 
to  fight,  their  way  tln-ough  without  using 
any  proscriptive  means  against  their  op]30- 
nents. 

2.  Because  I  think  that  this  article  is  in 
conflict  with  the  14th  article  of  the  recon- 
struction act. 

3.  Because  those  who  have  voluntarih,' 
engaged  in  rebellion  and  insurrection 
against  the  United  States,  are  not  deiDrived 
of  their  rights  of  citizenship. 

4.  Because  said  article  embodies  contrary 
princii)les  of  Republicanism. 

Respectfully  submitted,  with  the  request 
that  it  Vrill  be  spread  upon  the  minutes 
agreeably  to  resolutions  adopted  to  said 
effect,  allowing  members  the  explanation  of 
their  vote.  Thos.  W.  Maetin, 

of  Jefferson. 

The  Convention  adjourned  until  to-mor- 
row at  10  A.  M. 

A  true  copy  : 

WM.  VIGERS,  Secretary. 

SEVENTY-SEVENTH  DAY. 
New  Orleans,  Tuesday,  March  3, 1868. 
The  Convention  met  pursuant  to  adjourn- 
ment, and  was  called  to  order  by  the 
President  at  10  a.  m. 

The  roll  was  called,  and  the  following 
members  answered  to  their  names : 

President  J.  G.  TaliafeiTo;  Messrs.  An- 
toine,  Baker,  Belden,  Bertonneau,  Black- 


burn, Blandin,  Bonseigneur,  BonnefoL, 
Brov^-n,  Burrel,  Butler,  Cooley,  Crane, 
Cravd'ord,  Cromv/ell,  Cuney,  Dearing,  De- 
passeau,  Deslonde  P.  G.,  Deslonde  J.,  Do- 
nate, Douglas,  Duparte  G.,  DupartU.,  Du- 
plessis,  EsDard,  Francois,  Fuller,  Gardiner, 
Guichard.  HarDer,  Harrison,  Hempstead, 
Isabeile  E.  :H.,^'^sabelle  T.,  Jones,  Kelso, 
Lange,  Leroy,  Marie,  Martin,  Meadows, 
McLeran,  Morris,  IMoses,  Murrel,  Musha- 
way,  Myers,  Newsham,  Packard,  Pinch- 
back,  Pollard,  Reagan,  Reese,  Riard,  Riggs, 
Roberts,  Rodriguez,  Schwab,  Siiaer,  Thi- 
baut,  Twitchell,  Underwood,  Valfroit,  Van- 
dergriff,  Vidai,  Wa^^ies,  "Wicklitfe,  Wil- 
liams, Wilson — 71  members  present. 

Prayer  by  the  Rev.  Jos.  Fisk. 

The  minutes  were  read  and  adopted. 

OEIGINAL  EESOLUTIONS. 

By  Mr.  Pinchback : 

Resolved,  That  the  Warrant  Clerk  be  au- 
thorized to  issue  warrants  iov  one  hundred 
and  fifty  dollars  each  to  Sandy  Rose,  Jeff 
Stokes  and  xA.llen  Vincent. 

Mr.  Underwood  offered  the  following 
substitute  : 

Motion,  That  the  Enrolling  Clerks,  Com- 
mittee Clerks  and  Warranr  Clerk  be  allowed 
each  two  hundred  and'  fifty  dollars.  The 
Sergeant  and  Assistant  Sergeant-at-Arms, 
each  one  hundred  and  fifty  dollar.-.  Door- 
keeper one  hundred  dollars, as  an  additional 
compensation  for  the  faithful  performance 
of  their  duties  during  the  session  of  this 
Convention. 

Mr.  Hempstead  moved  to  amend  by  add- 
ing after  the  words  "door-keeper,"  "each 
page  fifty  dollars." 

Mr.  Wickliffe  offered  the  following  sub- 
stitute : 

Besohed,  That  E.  Gauthier,  A.  Gury,  J- 
R.  Verbois,  Ernest  Longpre  and  G.  W. 
Madder,  clerks,  be  allowed  the  sum  of  one 
hundred  and  fifty  dollars  each,  as  compen- 
sation for  additional  services  rendered. 
And  that  the  Warrant  Clerk  be  authorized 
to  issue  warrants  to  the  said  xDarties  for  the 
respective  amounts. 
Adopted— ayes  52,  nays  11 — as  follows : 
Ayes:  Antoine,  Belden,  Bertonneau, 
Blackburn,  Bonnefoi,  Brown,  Burrel, 
Cooley,  Cromwell,  Dearing,  P.  G.  Des- 
londe, U.  Dupart,  Francois,  Guichard, 
Harper,  Harris,  Hempstead,  Ingraham, 
R.  H.  Isabeile,  Jones,  Lange,  Leroy, 
Marie,  Martin,  Massicot,  Meadows,  Morris, 
Moses,  Murrel,  Mushaway,  Newsham, 
Oliver,  Packard,  Pinchback,  Poindexter, 
Pollard,  Reagan,  Riggs,  Roberts,  Rodri- 
guez, Schwab,  Smith,  Snaer,  Thibaut,  Tin-- 


280 


JOUEISAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


chant,  Twitclicll,  Underwood,  Yalfroit, 
Vandergriif,  Tidal,  Wickiiffe,  Williams— 52 
ayes. 

Nays:  Butler,  Crane,  Crav/ford,  Cuney, 
Douglas,  G-.  Duparte,  Ferguson,  McLeran, 
Mj^ers,  Riard,  Waples — 11  nays. 

Mr.  Smitli  recorded  his  vote  yes,  upon 
the  Constitution  as  a  whole. 

Mr.  Tinchant  recorded  the  reasons  for 
his  vote  yes,  upon  the  Constitution,  as 
follows : 

Most  Bincerel3'  hoping  that  the  loyal  peo- 
ple of  this  State  will,  through  their  Legisla- 
ture, soon  wipe  out  any  of  the  disfranchis- 
ing clauses  of  this  Constitution;  and,  most 
earnestly  believing  that  under  the  Consti- 
tution, on  the  adoption  of  which  I  am  about 
to  vote,  all  the  rights  and  privileges  of  all 
men  without  distinction  of  race,  color,  or 
X:)revious  condition,  shall  be  fully  secured 
and  warranted  forever  in  this  State,  I  cheer- 
fully record  my  vote  in  the  affirmative. 

By  Mr.  Ferguson : 

Resolved,  That  each  member  of  the  Con- 
vention be  allowed  an  extra  compensation 
of  $2000.  The  Warrant  Clerk  wiU.  issue  war- 
rants accordingly. 

Laid  on  the  table  as  ridiculous  and 
irrelevant. 

By  Mr.  Hempstead : 

The  Warrant  Clerk  is  hereby  authorized 
to  issue  warrants  in  sums  of  fifty  dollars 
each  for  the  pages  of  this  Convention. 

Mr.  Cooley  moved  to  amend  by  adding 
"and  one  for  $25  to  Mr.  Hathaway,  volun- 
teer page."  Adopted. 

The  resolution,  as  amended,  was  adopted. 

By  Mr.  Underwood: 

Resolved,  That  the  resolution  adopted  by 
this  Convention  on  the  17th  of  December, 
1867,  giving  the  i)ublication  of  the  Official 
Journal  of  this  Convention  to  several  news- 
papers of  this  State,  be  Amended  by  striking 
out  the  words  "St.  Landry  Progress,"  and 
inserting  in  lieu  thereof  the  words 
'  "Assumption  Progress. ' ' 

Mr.  Bonseigneur  moved  to  lay  on  the 
table. 

Lost. 

Mr.  Crawford  asked  for  a  division  of  the 
question,  so  as  to  take  the  vote  sejDarately 
upon  the  first  and  second  clauses  of  the 
resolution. 

The  first  clause  was  adopted  as  follows: 
Resolved,  That  the  resolution  adoi^ted  by 
this  Convention  on  the  17th  of  December, 
1867,  giving  the  puublication  of  the  Official 


Joui'nal  of  this  Convention  to  several  news-  j 
papers  of  this  State,  be  amended  by  strik- 
ing out  the  words  "St.  Landry  Progress."  ' 
The  second  clause,  as  follows,  was  adopt-  1 
ed:  ; 

And  inserting  in  lieu  thereof  the  words 
' '  Assumption  Progress. " 
Ayes  39,  nays  24,  as  follows  : 
Yeas:  Baker,  Blackburn,  Burrel,  Cuney, 
Douglas,  Dupart  U.,  Duplessis,  Francois, 
Guichard,  Harper,  Harris,  Hempstead,  In- 
graham,  Landers,  Lange,  Marie,  Martin, 
Massicot,  McLeran,  Morris,  Murrel,  New- 
sham,  Oliver,  Packard,  Pinchback,  Poin- 
dexter.  Pollard,  Reagan,  Roberts,  Schwab, 
Snaer,  Tliibaut,  Tinchant,  Twitch  ell,  Under- 
wood, Talfroit,  Tidal,  Wickliife,  Williams— 
39  yeas. 

Nays:  Antoine,  Bertonneau,  Blandin, 
Bonseigneur,  Bonnefoi,  Brown,  Butler, 
Cooley,  Crane,  Crawford,  Cromwell,  Des- 
londe  P.  G-.,  Donato,  Duparte  G.,  Fuller, 
Ferguson,  IsabeUeR.  H.,  Jones,  Lewis  J.  B., 
Mushaway,  Myers,  Riggs,  Rodriguez,  Tan- 
dergriff,  Waples — 24  nays. 

Mr.  Tinchant  moved  to  reconsider  the 
last  vote. 

Mr.  Cooley  moved  to  reject  the  vote  of 
any  member  who  may  be  pecuniarily  in- 
terested in  the  passage  of  the  resolution. 

Mr.  Pinchback  raised  the  point  of  order 
that  the  motion  of  Mr.  Cooley  should  not 
be  entertained. 

The  Chair  ruled  adversely. 
Mr.  Pinchback  appealed. 
The  Chair  was  sustained. 
Mr.  Tidal  asked  to  be  excused  from  vot- 
ing. 

Mr.  Cooley  moved  that  his  request  be 
granted. 
Adopted. 

The  motion  to  reconsider  did  not  pre- 
vail— ayes  22,  nays  43 — as  follows: 

Ayes:  Blandin,  Bonseigneur,  Bonnefoi, 
Cooley,  Crane,  Crawford,  Dearing,  Depas- 
seau,  Donato,  Duparte  G.,  Ferguson,  Har- 
rison, Isabelle  R.  H.,  Kelso,  Mushaway, 
Pinchback,  Pollard,  Rodriguez,  Tinchant, 
Tandergriff,  Waples,  WilUama  — 22  yeas. 

Nays:  Baker,  Blackburn,  Burrel,  Crom- 
well, Cuney,  Deslonde  P.  G.,  Douglas,  Du- 
part U.,  Duplessis,  Gardiner,  Guichard, 
Harper,  Harris,  Hempstead,  Ingraham, 
Jones,  Landers,  Lange,  Leroy,  Lewis  R., 
Marie,  Martin,  Massicot,  Meadows,  Mc- 
Leran, Morris,  Moses,  Murrel,  Myers, 
jNewsham,  Oliver,  Packard,  Pierce,  Poin- 
1  dexter,  Reagan,  Riard,  Roberts,  Schwab, 


JOUPvNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


281 


Snaer,  Thibaut,  Twitcliell,  Underwood, 
Wicklifie^S  nays. 

Mr.  Simon  Jones  recorded  his  vote 
upon  the  motion  to  reconsider  the  vote 
taken  upon  the  adoption  of  the  resolution 
reiDealing  that  of  December  17,  1867, 
relative  to  the  St.  Landry  Progress : 

I  vote  no,  because  the  Convention  has 
passed  the  resolution  against  my  vote, 
and  I  do  not  feel  it  my  duty  to  reverse  the 
decision  of  the  Convention. 
By  Mr.  Oliver: 

Resolved,  That  the  Sergeant-at-Arms  be 
allowed  an  extra  compensation  for  his  ser- 
vices of  two  hundred  dollars,  and  each 
assistant  Sergeant-at-Arms.  the  sum  of  one 
hundred  and  fifty  dollars;  and  for  which 
sums,  the  Warrant  Clerk  issue  warrants  to 
them  as  provided  by  the  resolutions  of  this 
Convention. 

Laid  on  the  table. 

By  Mr.  Harper: 

Motion,  That  the  Warrant  Clerk  be  au- 
thorized to  issue  waiTauts  of  3250  each,  to 
Messrs.  Gr.  Krubbe,  J.  J.  Lane  and  Catlin, 
for  faithful  reportorial  services  rendered  to 
the  Convention. 

Laid  on  the  table. 

By  Mr.  Newsham : 

That  each  regular  attendant  of  the  lobby 
who  has  neglected  his  business  in  his 
attendance  here,  receive  as  compensation, 
the  i^er  diem  allowed  as  member  of  Conven- 
tion, and  that  every  other  man  without  money 
receive  any  amount  of  warrants. 

The  Chair  decided  the  motion  to  be  irrel- 
evant and  tending  to  cast  ridicule  upon  the 
proceedings  of  the  Convention,  and  that  it 
should  be  laid  aside. 

Mr.  R.  H.  Isabelle  moved  to  amend  by 
adding  '  'and  the  vendors  of  ginger-cakes  in 
the  lobby." 

Laid  aside  as  ridiculous  and  irrelevant. 
By  Mr.  Ferguson: 

Resolved,  That  '^500  be  allowed  to  each 
member  of  the  lobby  for  their  good 
behavior. 

Laid  aside  as  irrelevant  and  ridiculous. 
By  Mr.  R.  H.  Isabelle: 
Resolved,  That  the  Warrant  Clerk  of  this 
Convention  be  and  is  hereby  authorized  to 
issue  warrants  in  suras   of  SlOO  each  to 
Messrs.  G-.  Krubbe,  J.  J.  Lane  and  G. 
Catlin,  for  their  impartial  reports  of  pro- 
ceedings of  this  Convention. 
Mr.  WicklitFe  moved  to  amend  by  adding: 
Resolved,  also,  that  my  old  hat  and  boots 


be  given  to  To^ii  Talk,  for  his  efficient 
services  as  a  pefect  hrick. 

Laid  aside  as  ridiculous  and  iiTelevant. 

Mr.  Crawford  moved  to  amend  by  adding 
"to  the  person  who  wi-ote  under  the  nom  de 
plume  of  Town  Talk  in  1865."  ^ 

Laid  aside  as  ridiculous  and  irrelevant. 

Mr.  Crane  was  called  to  the  chair. 

By  Mr.  Cooley  : 

OEDIXANCE. 

Be  it  ordained  hy  the  Constitutioncd  Con- 
vention of  the  State  of  Louisiana,  That  the 
collection  of  the  penalty  imposed  by  ordi- 
nance of  this  Convention  of  date  the  ith 
Januaiy,  1868,  is  hereby  extended  to  the  1st 
April  next — and  the  same  not  to  be  exacted 
by  the  different  tax  collectors  of  the  city 
of  New  Orleans,  Orleans  right  bank,  and 
parish  of  Jefferson,  until  the  said  1st  April, 
1868. 

It  is  further  ordained,  That  the  warrants 
issued  by  authority  of  this  Convention,  for 
the  payment  of  per  diem  and  mileage  of  del- 
egates, and  the  pay  of  its  officers,  except  the 
Official  Printer  or  Printers,  shall  be  receiva- 

I  ble  in  payment  of  all  taxes  and  licenses  due 
to  the  State  of  Louisiana;  and  when  paid  in 
the  Treasury  of  the  State  on  account  of 
any  State  tax  or  license,  the  same  shall  be 
X^laced  by  the  Treasurer  of  the  State  to  the 
debit  of  the  Convention  "fund"  on  his 
books,  and  shall  be  paid  out  of  said  fund, 

;  for  the  benefit  of  the  general  fund  of  the 

:  State. 

i  Be  it  further  ordained,  That  all  country 
members  of  this  Convention,  who  have 
I  caused  the  warrants  issued  in  their  favor 
j  to  be  recorded  and  registered  in  the  office 
I  of  the  Auditor  of  Public  Accounts,  shall 
!  cause  the  said  registry  to  be  cancelled,  and 
I  obtain  from  said  Auditor  a  certificate  to  the 
'  effect  that  they  have  no  warrant  registered 
j  in  his  office  for  paj^ment,  in  order  to  obtain 
:  payment  for  their  per  diem  from  the  sheriffs 
{ of  their  respective  parishes,  and  without 
j  said  certificate  from  the  Auditor,  it  shall  not 
j  be  lawful  for  the  sheriffs  of  the  respective 
parishes  to  pay  any  of  their  warrants. 

Mr.  Packard  moved  to  amend  by  striking 
out  "April  1st,"  and  inserting  in  lieu  there- 
of "March  20th." 
Accei^ted  by  the  mover. 
The  ordinance,  as  amended,  was  adopted, 
as  follows  : 

Be  it  ordained  by  the  Constitutional  Conven- 
tion of  the  State  of  Louisiana,  That  coUec- 
:  tion  of  the  penalty  im^DOsed  by  ordinance 
j  of  this  Convention  of  date  the  -ith  Jan- 
I  uary,  1868,  is  hereby  extended  to  the  20th 
I  March  next — and  the  same  not  to  be  ex- 


282  JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


acted  by  the  different  tax  collectors  of  the  ] 
city  of  'Ne^r  Orleans,  Orleans  right  bank,  ! 
and  i^arisli  of  Jefferson,  until  the  said  20th 
March,  1868. 

Jt  is  further  ordained,  That  the  war- 
rants issued  by  authority  of  this  Conven- 
tion, for  the  payment  of  per  diem  and 
mileage  of  delegates,  and  the  its 
officers,  except  the  Official  Printer  or  prin- 
ters, shall  be  receivable  in  payment  of  all 
taxes  and  hcenses  due  to  the  State  of 
Louisiana;  and  when  paid  in  the  Treasury 
of  the  State  on  account  of  any  State  tax  or 
license,  the  some  shall  be  placed  by  the 
Treasurer  of  the  State  to  the  debit  of  the 
Convention  "fund"  on  his  books,  and  shall 
be  paid  out  of  said  fund,  for  the  benefit  of 
the  general  fund  of  the  State. 

Be  it  further  ordained,  That  all  country 
members  to  this  Convention,  who  have 
caused  the  warrants  issued  in  their  favor  to 
be  recorded  and  registered  in  the  office  of 
the  Auditor  of  Public  Accounts,  shaU  cause 
the  said  registry  to  be  cancelled,  and  ob- 
tain from  said  Auditor  a  certificate  to  the 
effect  that  they  have  no  warrant  registered 
in  his  office  for  payment,  in  order  to  obtain 
X)ayment  for  their  j)er  diem  from  the  sher- 
iffs of  their  respective  parishes,  and  without 
said  certificate  from  the  Auditor  it  shall  not 
be  lawful  for  the  sheriffs  of  the  respective 
parishes  to  X3ay  any  of  their  warrants. 

Ayes  46,  nays  15,  as  follows : 

Yeas:  Bertonneau,  Blandin,  Bonseigneur, 
Bonnefoi,  Brown,  Burrel,  Cooley,  Crane, 
Crawford,  Bearing,  Depasseau,  Donato, 
Douglas,  Duparte  G.,  Duplcssis,  Esnard, 
Francois,  Gardiner,  Guichard,  Harper, 
Harrison,  Hempstead,  IsabeUe  R.  H.,  Isa- 
belle  Thos.,  Lewis  E.,  Marie,  Martin, 
Massicot,  Marris,  Myers,  Packard,  Pierce, 
Pincliback,  Poindexter,  Pollard,  Reagan, 
Reese,  Riard,  Roberts,  Rodriguez,  Schwab, 
Thibaut,  Twitchell,  Yalfroit,  Waples, 
Wickliffe,  Williams,  Wilson — 46  yeas. 

Nays:  Blackburn,  Guney,  Demarest, 
Deslonde  P.  G.,  Lupart  U.,  Ferguson, 
Harris,  Lange,  Leroy,  Meadows,  Moses 
Murrel,  Steele,  Underwood,  Yidal — 15 
nays. 

^Mr.  William  Murrel  registered  his  vote 
yes  on  the  adoption  of  the  Constitution  as 
a  whole,  because  it  embodies  the  highest 
principles  of  Justice,  humanity  and  equality 
before  the  law. 

Mr.  Brown  moved  to  reconsider  the  vote 
just  taken. 

Mr.  Pinchback  moved  to  lay  the  motion 
to  reconsider  on  the  table. 

Adopted. 


The  Convention,  pending  the  enrolment 
of  the  Constitution,  adjourned  until  Thurs- 
day at  12  M. 

A  true  copy: 

.      WM.  VIGERS,  Secretary. 

SEVENTY-EIGHTH  DAY. 
"New  Oeleans,  Thursday,  March  5,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment and  was  called  to  order  by  the 
President  at  10  a.  m. 

The  roll  was  called  and  the  following 
members  answered  to  their  names: 

President  J.  G.  Taliaferro;  Messrs.  An^ 
toine.  Baker,  Burrel,  Butler,  Cooley,  Craw- 
ford, Cromwell,  Cuney,  Dearing,  Demarest, 
Depasseau,  Deslonde  J.,  Duparte  G.,  Du 
part  U.,  Duplessis,  Francois,  Fuller,  Fer 
guson,  Guichard,  Harris,  Harrison,  Hemp 
stead,  Ingraham,  Isabelle  T.,  Jackson, 
Jones,  Kelso,  Lange,  Lewis  R.,  Marie,  Mar- 
tin, Massicot,  Meadows,  McLeran,  McMil- 
len,  Moses,  Myers,  Newsham,  Oliver,  Pack- 
ard, Pierce,  Pinchback,  Poindexter,  Pol 
lard,  Reagan,  Reese,  Riggs,  Roberts,  Rodrl 
guez,  Schwab,  Snaer,  Steele,  Twitchell,  Un- 
derwood, Valfroit,  Vandergriff,  Vidal,  Wa^ 
pies,  Wickliffe,  Williams,  Wilson — 62  mem- 
iDcrs  present. 

Prayer  by  the  Rev.  Josiah  Fisk. 

The  minutes  were  read  and  adopted. 

The  President  stated,  that  having  been 
absent  from  the  Convention  at  the  time 
that  the  vote  was  taken  upon  the  adoption 
of  the  Constitution  as  a  whole,  he  now  de- 
sired to  record  his  vote  yes,  upon  its 
adoption,  and  the  Secretary  was  ordered  to 
record  it  accordingly  upon  the  minutes. 

President  Taliaferro  voted  yes,  upon  the 
adoption  of  the  Constitution  as  a  whole. 

Mr.  Waples  called  up  his  motiDn  of 
March  2,  to  change  the  phraseology  ol 
article  98. 

Mr.  Bertonneau  moved  to  lay  it  on  the 
table. 

Lost — ayes  26,  nays 40 — as  follows: 
Yeas:  Belden,  Bertonneau,  Blandin,  Bon- 
seigneur, Brown,  Butler,  Cooley,  Crane, 
Crawford,  Dema-rest,  Deslonde  P.  G.,  Des- 
londe J.,  Douglas,  Duparte  G.,  Duplessis, 
Ferguson,  Guichard,  Kelso,  Massicot. 
Myers,  Pinchback,  PoUard,  Riggs,  Rodri 
guez,  Steele,  Williams — 26  yeas,  A 
Nays:  Antoine,  Baker,  Blackburn,  Bujl 
rel,  Cromwell,  Cuney,  Donato,  Dupart  U.j 
Francois,  Gardiner,  Harper,  Harris,  Hemp- 
stead, Ingraham,  Isabelle  R.  H.,  JoneSj 


JOUEXAI.  OF  THE  CONSTITUTIONAL  CONVENTION. 


283 


Xianders.  L-r:';^.  Lange,  Lewis E.,MeadoTvs, 
McLerai:,  3I:?I:ilen,  Mose>,  Mnrrel.  New- 
sliam..  OliTcr,  Packarc^  Fier<  T\  ■- -an, 
Keese,  Roberts,  Sclivrah.  Sna^  eU, 
UnderTTood,  YaKroit,  Yidal,  Y'l.pxc-.  \  rick- 
Hffe,  Wilson — 40  nays. 

Mr.  Waples  moved  the  preyious  question 
niDon  its  adoption, 

Mr.  Cooley  raised  tlie  of  order, 

that  this  motion  sought  to  accomplish  indi- 
rectly Tviiiit  could  not  be  done  directly  by 
a  motion  of  this  nature,  \iz:  to  alter  the 
substance  of  an  article  of  the  Constitution, 
under  the  i^retense  of  changing  its  phrase- ; 
ology,  and  that  the  object  sought  could  i 
only  be  attained  by  a  motion  to  repeal  or  to 
reconsider,  and  that  therefore  the  motion 
for  the  previous  question  should  not  be  en- 
tertained. 

The  Chair  decided  that  the  point  of 
order  was  well  taken  and  that  the  motion 
vas  not  in  order. 

Mr.  Waples  appealed. 
The  Chair  was  not  sustained. 
The  motion  for   the  previous  question 
was  seconded  by  a  majority  of  the  dele- 
gates i^resent. 

The  question  recui'ring  u^Don  the  changes 
inthe  j)hraseology  of  article  98,  proposed  by 
Mr.  Waples,  they  were  adopted— ayes  37, 
navs  28 — as  follows; 


Ayes  :  Antoihe,  Baker,  Blackburn,  Biu-- 
rel,  Jos.  Deslonde,  Francois,  Gardiner, 
Harper,  Harris,  Hempstead,  Ingraham, 
E.  H.  Isabelle,  Jackson,  Jones,  Landers, 
Leroy,  Marie,  Meadows.  McLeran,  Moses, 
Miu-rel,  Newsham,  Packard,  Pierce,  Pol- 
lard, Eeagan,  Eeese,  Eoberts,  Schwab, 
Twitchell,  Underwood,  Valfroit,  Yidal, 
Waples,  WickUfi'e,  WiHiams,  Wilson — 37 
ayes. 

Nays  :  Belden,  Bertonneau,  Blandin, 
Bons'eigneur,  Bonnefoi,  Butler,  Cooley, 
Crane,  Crawford,  Bearing,  Depasseau, 
P.  G.  Deslonde,  Douglas,  G.  Duparte, 
Duplessis,  Fuller,  Kelso,  Martin.  Massicot, 
McMiUen,  Mushaway,  Myers,  Pinchbaek, 
Riard,  Riggs,  Eodriguez,  Smith,  Tin- 
chant — 28  nays. 

And  the  article,  as  thus  amended,  reads 
as  follows: 


penitentiary,  and  i^ersons  under  interdic- 
tion. 

All  x3ersons  who  are  estoi^ped  from  claim- 
ing the  right  of  sufFragp  by  abjiu'ing  their 
allegiance  to  the  United  States  Govern- 
ment, or  by  notoriously  levying  war  against 
it,  or  adhering  to  its  enemies,  giving 
I  them  aid  or  comfort,  but  who  have  not  ex- 
jpatriated  themselves,  nor  have  been  con- 
j  \icted  of  any  of  the  crimes  mentioned  in 
the  first  paragTaph  of  this  article,  are  here- 
by restored  to  the  said  right,  except  the 
f  oUomng :  Those  v^'ho  have  held  office,  civil 
or  military,  for  one  year  or  more,  under  the 
organization  styled  "the  Confederate  States 
of  America;"  those  who  registered  them- 
selves as  enemies  of  the  United  States; 
those  who  acted  as  leaders  of  guerilla 
bands  during  the  late  rebellion;  those  who, 
in  the  advocacy  of  treason,  wrote  or  pub- 
lished newsj^aper  articles,  or  preached  ser- 
mons during  the  late  rebellion;  and  those 
who  voted  for  and  signed  an  ordinance  of 
secession  in  any  State.  No  person  included 
in  these  exceptions  shall  either  vote  or 
hold  office  until  he  shall  have  relieved  him- 
self by  voluntarily  writing  and  signing  a 
certificate  setting  forth  that  he  acknow- 
ledges the  late  rebellion  to  have  been 
morally  and  politically  v.TGng,  and  that  he 
regrets  any  aid  and  comfort  he  may  have 
given  it,  and  he  shall  file  the  certificate  in 
I  the  office  of  the  Secretary  of  S  rate,  and  it 
shall  be  x^ublished  in  the  official  journal; 
Provided,  That  no  person  who  jDrior  to  the 
first  o  January,  1868,  favored -the  execu- 
tion of  the  laAvs  of,  the  United  States,  popu- 
larly known  as  the  Eeconstruction  acts  of 
Congress,  and  openly  and  actively  assisted 
i  the  loyal  men  of  the  State  in  their  efibrts 
I  to  restore  Louisiana  to  her  position  in  the 
j  Union,  shaU  be  held  to  be  included  among 
I  those  herein  excei^ted.  Eegistrars  of  voters 
i  shall  take  the  oath  of  any  such  person  as 
prima  facie  evidence  of  the  fact  that  he  is 
;  entitled  to  the  benefits  of  this  jDroviso. 

i    Mr.  McMiUen  was  called  to  the  chair. 
!    Mr.  Cooley  moved  to  repeal  section  2  of 
!  the  ordinance  proposed  by  him  March- 3, 
I  and  adopted,  reading  as  follows : 

It  is  furtlier  ordained,  That  the  warrants 
issued  by  authority  of  this  Convention,  for 
the  j)ayment  of  pe^^  diem  and  mileage  of 
delegates,  and  the  pay  of  its  officers,  except 
the  Official  Printer  or  printers,  shaU  be 
receivable  in  payment   of  all  taxes  and 


I  hcenses  due  to  the  State  of  Louisiana  ;  and 
Akt.  — .  The  following  persons  shall  be  i  when  paid  in  the  Treasury  of  the  State  on 
prohibited  from  voting  and  from  holding  j  account  of  any  State  tax  or  license,  the 
any  office  :  All  persons  who  shaU  have '  same  shaU  be  placed  by  the  Treasurer  of 
been  convicted  of  treason,  perjiuy,  forgery,  !  the  State  to  the  debt  of  the  Convention 
bribery,  or  other  crime  punishable  in  the,  "fund"  on  his  books,  and  shall  be  paid  out 


284 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


of  said  fund,  for  the  benefit  of  the  genernal 
fund  of  the  Sta,te. 

Mr.  Bertonneau  moved  to  lay  the  motion 
to  repeal  on  the  table. 
Adopted. 

Mr.  Jones  moved  to  take  from  the  table 
Mr.  Brown's  motion  to  reconsider  the  vote 
upon  the  adoption  of  the  ordinance  offered 
by  Mr.  Cooley  March  3. 

Mr.  Blandin  moved  to  indefinitely  post- 
pone the  motion  to  take  from  the  table. 

The  motion  to  postpone  prevailed. 

Mr.  Crawford  moved  that  when  the  Con- 
vention adjourns  to-day,  it  do  adjourn  sine 
die. 

Mr.  Jones  moved  to  lay  the  motion  on 
the  table. 

The  Chair  decided  the  motion  to  lay  on 
the  table  the  motion  to  adjourn  sine  die  not 
in  order. 

The  motion  of  Mr.  Crawford  did  not 
prevail. 

The  following  bill,  reported  by  the  Com- 
mittee on  Contingent  Expenses,  was 
ordered  to  be  paid  :    Bill  of  Mr.  Joyce  for 

m. 

Mr.  Cooley  moved  to  adopt  the  following- 
ordinance  : 

Be  it  ordained  hy  tlie  Constitutional  Conven- 
tion of  the  State  of  Louisiana,  That  a  Com- 
mittee of  three  members  of  the  Convention 
be  appointed  by  the  President,  with  power 
to  supervise  and  direct  the  collection  of  the 
tax  levied  by  ordinance  of  the  24th  Decem- 
ber, 1867,  and  to  take  all  measures 
necessary  to  enforce  and  compel  the 
collection  thereof,  and,  if  necessary,  to 
employ  counsel  to  represent  the  Convention 
in  any  court  or  courts  of  this  State  or  of 
the  United  States,  and  to  warrant  upon  the 
Treasurer  of  the  State,  payable  out  of  the 
Convention  fund,  for  fees  of  counsel,  other 
expenses  incurred  by  them  in  carrying  the 
object  of  their  appointment,  and  the  per 
diem  of  said  members  so  appointed  as  said 
committee,  shall  continue  as  fixed  by  the 
rules  of  the  Convention  until  the  first  of 
April,  1868,  and  shall  be  payable  upon 
their  own  warrant. 

Mr.  Bertonneau  moved  to  amend  as  fol- 
lows: 

And  that  said  committee  be  em^DOwered 
to  settle  all  other  accounts  of  this  Conven- 
tion. 

Mr.  Packard  offered  the  following  as 
a  substitute  for  the  Tjroposed  ordinance: 


To  strike  out  all  after  the  words  "be  it  or- 
dained," and  insert  "that  the  Board  of 
Registration  created  by  ordinance  adopted 
by  the  Convention  February  15,  1868, 
shall  have  authority  to  enforce  the  collec- 
tion of  the  taxes  levied  by  the  several  ordi- 
nances of  the  Convention,  and  to  perform 
any  and  all  duties  appertaining  to  the 
same." 

The  substitute  was  adopted. 
By  Mr.  Packard  : 

Resolved,  That  when  we  adjourn,  it  shall j|M 
be  subject  to  the  call  of  the  Board  of 
Registration,  appointed  by  the  Convention 
by  virtue  of  the  Ordinance  adopted  15th 
of  February,  1868,  in  case  of  the  non-ratifi- 
cation of  the  Constitution,  or  for  any  course 
prior  or  subsequent  to  election  for  the 
ratification  of  said  Constitution. 

Resolved,  That  any  business  which  may 
be  left  unfinished  by  the  Convention,  such 
as  the  discharging  of  clerks,  the  printing 
and  i^ublication  and  circulation  of  the  Con- 
stitution, etc.,  etc.,  the  settlement  for  the 
oflicial  printing,  etc.,  shall  be  performed 
by  said  Board  of  Registration. 

Resolved,    That  said  board  shall  have 
authority  to  enforce  the  collection  of  the 
taxes  levied  by  the  several  ordinances  of 
the  Convention,  and  to  perform  any  and|i 
all  duties  aj)pertaining  to  the  same. 

Mr.  R.  H.  Isabelle  moved  to  amend  by 
subst  tuting  the  following: 

Provided,  That  in  case  this  Conven- 
tion be  not  re-assembled  within  twelve 
months  after  adjournment  as  above  men- 
tioned, it  shall  be  considered  as  being|jji 
adjourned  si)ie  die. 

The  amendment,  with  the  consent  of  theifi 
Convention,  was  accepted  by  the  movei*, 
and  Was  ordered  to  be  incorporated  witli 
the  original  resolution. 

Mr.  Packard  asked   and  obtained  the 
consent  of  the  Convention  to  strike  ouif' 
of  the    resolution  j)i'oposed  by  him  th( 
abreviation  "etc.  "  wherever  it  occurs. 

Mr.  Pinchback  moved  to  lay  the  resolu- 
tion of  Mr.  Packard  on  the  table. 


Adopted — ayes  40,  nays  17 — as  follows  : 
Nays:    Belden,     Bertonneau,  Blandin, 
Bonseigneur,    Bonnefoi,   Brown,  Butler, 
Cooley,  Crane,  Crawford,  Cromwell,  De- 
marest,  Depasseau,  Deslonde  P.  G., 
parte    G.,  Dupart    U.,  Duplessis,  Fran-  f 
coia,  Gardiner,  Kelso,  Lange,  Martin,  Mas- 
sicot, Meadows,  McMillen,  Murrel,  Mush- 
away,    Myers,    Pinchback,  Poindexter, 
Reese,  Riard,  Riggs,  Rodriguez,  Steele, 
Tinchant,  Valfroit,  Yandergriff,  Waples, 
Williams — 40  ayes. 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


285 


Nays :  BiuTel,  Douglas,  HariDer,  Harris,  j 
Hempstead,  Jackson,  Jones,  Liinders.  I 
LeroT,  Maiie,  Newsliam,  Packard,  Pollard,  | 
Reagan,  Uuderwood,  Tidal,  T'ilson — 17  j 
aavs.  I 
Mr.  Demarest  recorded  the  folloTYing  ex-  | 
)lanation  of  Ms  vote  upon  tiie  adoi^tion  of  \ 
he  Constitution  as  a  vliole:  ■ 
I  vote,  j/es  for  the  adoiDtion  of  the  Consti- 1 
lution,  with  a  i^rotest  against '  the  dasf ran-  i 
ihising  clause,  as  the  motto  of  my  party  is  j 
miversal  suffi.age.  j 
A.  J.  DEZkiAEEST,  St.  Mary,  j 

Mr.  Meadows  moved  that  the  Contention  | 
now  proceed   to  the  election  of  the  ' 
Board  of  Registrars  j^rovided  for  in  the  i 
rdinance  of  the  Constitution.  j 
Adopted.  I 
The  Convention  adjourned  until  to-mor- 1 
ow  at  11  A.  M. 

A  true  copy:  ' 
'  WM.  TIGERS,  Secretary. 

SETENTY-NINTH  DAY. 
New  Okleans,  Friday,  March  6, 1868. 
The  Convention   met  pursuant  to  ad- 
Dui"nment,  and  was  called  to  order  by  th.e 
resident  at  10  a.  m. 

The  roll  was  called  and  the  following 
elegates  answered  to  theii*  names : 
J.  Gr.  Taliaferro,  President;  Messrs.  An- 
Dine,  Belden,  Berionneau,  Blackburn, 
landiu,  Bonseigneur,  Bonnefoi,  Brown, 
urrel.  Butler.  Crane,  Crawford,  Crom- 
ell,  Cuney,  Dealing,  Deslonde  P.  G.„ 
)eslonde  jos.,  Donato,  Du^^arte  G.,  Du- 
art  U..  Duplessis,  Francois,  Fuller,  Gar- 
mer,  Guichard,  Harper,  Harris,  Hemj)- 
ead,  lugraliam,  Isabeile  R.  H.,  Jones, 
elso,  Liinge,  Leroy,  Lev>'is  R.,  Marie, 
[artin,  Massicot,  Meadows.  McLeran, 
[oses,  Murrel,  Mushaway,  Myers,  New- 
lam,  Ohver,  Packard,  Pierce,  Poindexter, 
ollard,  Reagan,  Reese,  Riard,  Riggs, 
oberts,  Rodriguez,  Schwab,  Steele,  Un- 
erwood,  Talfroit,  Tandergnff,  Wickliffe, 
^illiams,  "Wilson — 65  members  present. 
The  minutes  were  read  and  adopted. 

OEIGINAIi  BESOLUTIONS. 

By  Mr.  Crawford  : 

Resolved,  That  when  tliis  Convention  do 
ijourn  it  shall  adjoiu'n  sine  die. 
Lost. 

By  Mr.  Depasseau : 

Resolved,  That  G.  L.  Montieu  be  allowed 
e  sum  of  two  hundred  and  fifty  dollars, 
an  extra  compensation  for  his  faithful 


services  as  Warrant  Clerk  of  this  Conven- 
tion. 

Mr,  Isabeile  moved  to  amend  by  the  f  ol- 
Ic^Tng  substitute  : 

Resolved,  That  an  extra  compensation  of 
S200  each  be  allowed  the  Warrant  Clerk, 
and  Sergeant-at-Arm,  and  SlOO  each  to  the 
Assistant  Sergeants-at-Arms  of  this  Con- 
vention: Door-keei^er  SlOO. 

Adox^ted. 

By  Mr.  WicMifie: 

Resolved,  That  the  Warrant  Clerk  be, 
and  he  is  hereby  authorized  to  issue  war- 
rants for  the  sum  of  one  hundred  dollars 
to  N.  S.  Etris,  watchman. 

Adopted. 

By  Mr.  Reagan : 

Wheeeas,  Andrew  Johnson,  President 
of  the  United  States,  by  his  obstinate  and 
unwarranted  policy  on  reconstruction,  has 
violated  every  principle  of  honor,  betrayed 
the  confidence  of  the  jDarty  which  elevated 
him  to  the  position  he  occupies,  and  proved 
a  traitor  to  his  country;  therefore 

Resolved,  That  we,  the  people  of  Louis- 
iana in  Constitutional  Convention  as- 
sembled, do  hereby  endorse  the  action  of 
the  Congress  of  the  United  States  in  its 
articles  of  impeachment,  and  hoi3e  it  will 
succeed  in  preserving  inviolate  the  National 
Constitution,  and  remove  from  office  the 
Chief  Executive,  who,  by  his  acts  of  usur- 
pation, has  tarnished  the  character  and 
dignity  of  the  nation. 

Mr.  Blackbui'u  offered  the  following  as  a 
substitute  : 

Resolved,  That  the  ruling  loyal  majority 
in  the  Congress  of  the  United  States,  as 
backed  by  Gen.  Grant  and  Secretary  Stan- 
ton, deserve,  and  ^^*ill  receive  the  appro- 
bation and  co-operation  of  all  who  -srish  to 
see  the  wheels  of  Government  relieved 
from  clogs  of  treason. 

Mr.  Crawford  moved  to  amend  the  sub- 
stitute by  striking  out  all  after  the  word 
'■'Resolved "  and  inserting,  "This  Conven- 
tion \^ill  attend  to  its  own  proper  business 
and  leave  Congress  to  attend  to  their 
duties." 

The  chair  decided  that  the  amendment 
was  not  in  order. 

The  substitute  of  Mr.  Blackburn  was 
adopted. 

By  Mr.  Waples: 

Resolved,  That  the  Convention  shall  ad- 
journ si-ne  die  on  Saturday,  March  7th  inst., 
if  not  at  an  earher  day. 

Laid  on  the  table. 


286 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


By  Mr.  Blackburn :  i 

Resolved,  That  all  the  members  of  this  | 
Convention,  v.^ho  hiive  refused  to  vote  for  ; 
the  adoption   of  the   Constitution   as   a  j 
whole,  be  permitted  to  adjourn  sine  die  and 
go  home  whenever  they  feel  like  it. 

The  Chair  decided  that  the  resolution  was 
not  in  order. 

Mr.  Cooley  was  called  to  the  chair. 

Mr.  Cromwell  offered  a  resolution  in 
reference  to  Jefferson  Davis. 

The  Convention  ordered  the  Secretary 
to  return  the  resolution  to  the  author  as 
being  improper  in  its  orthograi3hy,  style 
and  subject  matter,  to  appear  upon  the 
journal  of  the  Convention — ayes  56,  nays 
5 — as  follows: 

Ayes:  Belden,  Bertonneau,  Blackburn, 
Blandin,  Bonseigneur,  Bonnefoi,  BroAvn, 
Burrel,  Butler,  Cooley,  Crane,  Cunej^, 
Dearing,  Depasseau,  Deslonde  P.  G., 
Deslonde  Jos.,  Douglas,  Duparte  G.,  Du- 
part  U.,  Duplessis,  Ferguson,  Gardiner, 
Harris,  Hempstead,  Ingraham,  Isabelle  R. 
H.,  Jackson,  Jones,  Landers,  Lange,  Leroy, 
Lewis  R. ,  Marie,  Martin,  Massicot,  Mead- 
ows, Moses,  Mushaw^,  Newsham,  Oliver 
Packard,  jPoindexter,  Pollard,  Reagan, 
Reese,  Riard,  Rodriguez,  Schwab,  Snaer, 
Steele,  Thibaut,  Underwood,  Valfroit, 
Wickliffe,  Williams,  Wilson — 56  ayes. 

Nays:  Crawford,  Cromwell,  McLeran, 
Murrel,  Waples — 5  nays. 

Mr.  Crawford  and  Mr.  McLeran  recorded 
the  following  reasons  for  their  vote : 

I  vote  710,  for  the  reasons  that,  in  my 
opinion,  returning  the  paper  to  the  mover 
is  not  the  proper  disposition  to  make  of  it, 
but  that  it  should  not  have  been  received 
or  acted  on  by  the  Convention. 

T.  S.  Ceawford, 
of  Caldwell  and  Ouachita. 
I  concur  with  the  above. 

Benj.  McLeean. 

By  Mr.  Underwood  : 

Resolved,  That  the  proprietors  of  the 
New  Orleans  Republican  be  authorized  to 
print  ten  thousand  copies  of  the  Constitu- 
tion in  pamphlet  form,  at  the  same  rate  as 
is  allowed  the  Official  Printer  for  such 
work,  and  that  the  Warrant  Clerk  be  au- 
thorized to  issue  warrants  to  the  said 
proprietors  of  the  Republican  for  the 
amount  thus  due,  after  the  said  work  is 
accomplished. 

Mr.  Crane  moved  to  lay  the  resolution 
on  the  table. 

Lost — ayes  26,  nays  37 — as  f oUows : 


Yeas :  Bertonneau,  Blandin,  Bonsei- 
gneur, Bonnefoi,  Brown,'^utler,  Cooley,  | 
Crane,  Cravvford,  Dearing,  Depasseau,' 
Douglas,  JII,  Daparte,  Duplessis,  R.  H. 
Isabelle,  ijeroy,  R.  Lewis,  Moses,  Musha-: 
way,  Myers,  Riggs,  Rodriguez,  Schwab,' 
Thibaut^  Tinchant,  Williams— 26  yeas.  : 

Nays:  Antoine,  Belden,  Blackburn, 
Burrel,  Cromwell,  Cuney,  P.  G.  Deslonde, 
Jos.  Deslonde,  Ferguson,  Gardiner,  Harper,, 
Harris,  Hempstead,  Ingraham,  3"ackson,  ■ 
Jones,  Landers,  Lange,  Marie,  Martin,; 
Massicot,  Meadows,  McLeran,  Murrel, 
Newsham,  Oliver,  Packard,  Pollard,  Rea- 
gan, Reese,  Riard,  Snaer,  Steele,  Under- 
wood, "V^alfroit,  Waples,  Wickliffe — 37  nays. 

Mr.  Lange  moved  to  reconsider  the  last 
vote. 

Mr.  Underwood  moved  to  lay  the  motioii 
to  reconsider  on  the  table. 

Lost — ayes  31,  nays  34 — as  follows: 

Yeas:  Antoine,  Belden,  Blackburn,  Bur- 
rel, Jos.  Deslonde,  Harper,  Harris,  Hemp- 
stead, Ingraham,  Jones,  Kelso,  Landers, 
Leroy,  Marie,  Massicot,  Meadows,  Murrel, 
Myers,  Oliver,  Packard,  Poindexter,  Rea- 
gan, Reese,  Schwab,  Snaer,  Twitchell, 
Underwood  Valfroit,  Vidal,  Wickliffe, 
Wilson— 31. 

Nays:  Bertonneau,  Blandin,  Bonsei- 
gneur, Bonnefoi,  Brown,  Butler,  Cooley, 
Crane,  Crawford,  Dearing,  Depasseau,  P. 
G.  Deslonde,  Donato,  G.  Duparte,  U. .  Du- 
part,  Duplessis,  Esnard,  Fuller,  Ferguson, 
Harrison,  R.  H.  Isabelle,  Lange,  Richard 
Lewis,  Martin.  McLeran,  Moses,  Musha- 
way,  Riard,  Riggs,  Rodriguez,  Thibaut, 
Tinchant,  Waples,  Williams — 34. 

The  motion  to  reconsider  the  vote  upon 
laying  the  resolution  on  the  table  was  lost* 

The  question  recurred  upon  the  adoptioB 
of  the  resolution. 

It  was  adopted — ayes  37,  nays  28 — as  fol- 
lows: 

Yeas:  Antoine,  Belden,  Blackburn,  Bur- 
rel,  Cuney,  Deslonde  J.,  Donato,  Douglas, 
Gardiner,  Harper,  Harris,  Hempstead,  In- 
graham, Jackson,  Jones,  Kelso,  Landers, 
Marie,  Massicot,  Meadows,  Murrel,  NeW' 
sham,  Oliver.  Packard,  Poindexter,  Reagan, 
Reese,  Schwab,  Snaer,  Steele,  Tinchant 
Underwood,  Valfroit,  Vandergriff,  Vidal, 
Wickliffe,  Wilson— 37  ayes. 

Nays:  Bertonneau,  Blandin,  Bonseigneur, 
Bonnefoi,  Brown,  Butler,  Cooley,  Crane. 
Crawford,  Dearing,  Depasseau,  I)eslond« 
P.  G.,  Duparte  G. ,  Duj^lessis,  Esnard,  Far 
guson,  Isabelle  R.  H.,  Lange,  Leroy,  Lewi 
R.,  McLeran,  Moses,  Mushaway,  Riard 
Riggs,  Rodrigiiez,  Waples,  Williams— 21 
.  nays. 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


287 


Ayes:  Belden.  Blandiii,  Burrel,  Crom- 
•well,  Hai'x^er,  Harris,  Hempstead,  Lange, 
Leroy,  E,.  Le^ds,  Marie,  Massicot,  Mea- 
dows, McLeran,  Murrel,  Oliver,  Packard, 
Poindexter,  Eeagon,  Schwab,  TwitclieU, 
Underwood,  Yidal — 23  ayes. 

Nays:  Bertoniieaii,  Bonseigneur,  Bonne- 
foi.  Brown,  Butler,  Cooley,  Crane,  Craw- 
\  ford,  Demarest,  Depassean,  P.  G.  Deslonde, 
'Donato,  G.  Duparte,  Duplessis,  Esnard, 
I  Ferguson,  Gardiner,  Guichard,  Ingraham, 
R.  H.  Isabella,  ^IcMiUen,  Moses,  Muslia- 
j  way,  Myers,  Pincliback,  Pollard,  Biard, 
|Riggs,  Rodriguez,  Snaer,  Tliibaut,  Tin- 
I  cliant,  Vandergrifr',  "Waples,  Wickliffe,  Wil- 
j  lianis — 36  nays. 

1    The  resolution,  as  amended,  was  adopted. 
I    Mr.  Cooley  moved  that  the  Convention 
'do  now  proceed  to  the  election  of  regis- 
trars. 
Adox3ted. 

A  call  of  the  House  was  demanded  and 
the  following  members  answered  to  their 
names : 

Messrs.    Belden,  Bertonneau,  Blandin, 


Mr.  Bertonneau  recorded  the  following  ] 
reasons  for  his  vote :  | 
I  vote  no,  because  I  think  it  is  an  act  of  i 
^iaring  injustice  to  the  Official  Printer,  and  i 
a  useless  expense  to  the  State. 

.Iexold  Bebtonneau. 

Mr.  Tinchant  moved  to  reconsider  the 
last  vote. 

Mr.  Underwood  moved  to  lay  the  motion 
to  reconsider  on  the  table. 
Lost. 

Mr  Hempstead  moved  to  adjourn. 
Lost. 

Mr.  Rodriguez  was  called  to  the  chair. 
Mr.  Cooley  moved  the  previous  question 
upon  the  motion  to  reconsider. 

The  motion  to  reconsider  prevailed — ayes 
38,  nays  23 — as  follows : 

Ayes:  Belden,  Bertonneau,  Blandin,  Bon- 
seigneur, Bonnefoi,  Brown,  Butler,  Cooley, 
Crane,  Crawford,  Demarest,  Depasseau, 
Deslonde  P.  G.,  Donato,  Duparte  G.,  Du- 
plessis, Esnard,  Ferguson,  Harrison,  Isa- 

belleR.  H.,  Lange,  Leroy,  Meadows,  Mc- i  bonseigneur,  Bonnefoi,  Bun-el,  Butler, 
Leran,  McMillen,  Moses,  Mushaway,  Myers,  !  Cooley,  Crane,  Crawford,  CromweU,  De- 
Poindexter,  PoUard,  Riard,  Riggs,  Rodri- 1  rarest,  Depasseau,  J^omto,  G.  Duparte, 


Riard 

guez,  Thibaut,  Tinchant,  Vandergriff, 
Waples,  Williams — 38  ayes. 

Nays:  Blackburn,  Burrel,  Cuney,  Gardi- 
ner, Guichard,  Harper,  Harris,  Hempstead, 
Ingraham,  Jones,  Marie,  Massicot,  Murrel, 
Oliver,  Packard,  Reagan,  Reese,  Schwab, 
Snaer,  TwitcheU,  Underwood,  Vidal, 
Wickliffe— 23  nays. 

Mr.   Cooley  moved  to  lay  the  resolution 
of  Mr.  Underwood  upon  the  table. 
Adoi^ted. 

Mr.  Hempstead  moved  to  take  from  the 
table  the  resolution  of  Mr.  Underwood. 
Lost. 

By  Mr.  Depasseau: 

Eesolved,  That  no  member  of  this  Con- 
vention who  is,  or  hereafter  may  be,  a  can- 
didate for  any  position  whatever,  shall  be 
elected  as  State  registrar. 

Mr.  Cooley  moved  to  amend  by  adding : 
And  the  fact  of  his  being  one  of  said 
registrars  shall  disqualify  liim  from  hold- 
ing any  office  to  be  elected  by  the  people 
at  the  jS.rst  election  under  this  Constitu- 
tion. 

The  amendment  was  accepted  by  tho 
mover. 

Mr.  Hempstead  moved  to  lay  the  reso- 
lution on  the  table. 

Lost — ayes  23,  nays  36 — as  follows: 


Duplessis,  Guichard,  Harper,  Harris, 
Ingraham,  Kelso,  Leroy,  Meadow^s,  Mc- 
Millen, Moses,  Murrel,  Mushaway,  Packard, 
Pincliback,  Reagan,  Riard,  Rodriguez, 
Snaer,  Thibaut,  Tinchant,  Waj^les,  Wick- 
liffe, Williams — 38  members  present. 

There  being  no  quorum,  the  Convention 
adjoui'ned  till  Saturday  at  10  o'clock  a.  m. 
A  true  copy  : 

TOI.  YIGEES,  Secretary. 

EIGHTIETH  DAY. 

New  Oelea^^s,  Saturday,  March  7,  1868. 

The  Convention  met  pursuant  to  adjourn- 
ment and  was  called  to  order  by  the  Presi- 
dent at  10  A.  M. 

The  roU  was  called  and  the  following 
delegates  answered  to  their  names : 

J.  G.  Taliaferro,  President;  Messrs.  An- 
toine.  Baker,  Belden,  Bertonneau,  Black- 
burn, Blandin,  Bonnefoi,  Butler,  Cooley, 
Crane,  Crawford,  Cromwell,  Cunoy,  Dear- 
ing,  Demarest,  Depasseau,  P.  G.  Deslonde, 
Jos.  Deslonde,  Donato,  Douglas,  G.  Du- 
parte, U.  Dupart,  Duplessis,  Esnard,  Fran- 
cois, Fuller,  Ferguson,  Guichard,  Harper, 
j  Harris,  Harrison,  Hempstead,  Ingraham, 
R.  H.  Isabelle,  Thos.  'isabelle,  Jackson, 
Jones,  Kelso,  Landers,  Lange,  Leroy,  R. 
Le-v^is,  Martin,  Meadows,  McLeran,  Mc- 
MiUen  Morris,  Moses,  Murrel,  Mushaway, 


288  JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Myers,  Oliver  Packard,  Pinchback,  Foin- 
dexter,  Eeagan,  Reese,  Riard,  Riggs, 
Rodriguez,  Smith,  Snaer,  Steele,  Tliibaut, 
Underwood,  Yalfroit,  Vandergriff,  Yidal, 
AYickliffe,  Williams,  Wilson— 72  members 
present. 

Prayer  by  the  Rev.  Josiah  Fisk. 
The  minutes  were  read  and  adopted. 

OPtlGINAL  KESOLUTIOKS. 

By  Mr.  Tinchant: 

Whereas,  It  has  always  been  customary 
"with  all  legislative  bodies  to  provide  that 
the  chairman  of  their  Committee  of 
Enrollment  should  receive  the  same  per 
diem  that  is  allowed  to  their  presiding 
officer;  and 

Wheeeas,  The  chairman  of  the  Com- 
mittee on  Enrollment  has  discharged  the 
onerous  and  most  important  duties  of  his 
office  to  the  general  satisfaction  of  this 
Convention;  therefore,  be  it 

Resolved,  That  the  Hon.  J.  B.  Yander- 
griff,  chairman  of  the  Committee  on  En- 
rollment, is  hereby  declared  entitled  to  the 
same  per  diem  and  compensation  as  has 
been  allowed  to  the  President  of  this  Con- 
vention. 

Lies  over. 

By.  Mr.  Crawford:  • 

Resolved,  That  when  the  Convention 
adjourns  to-day,  it  shall  stand  adjourned 
sine  die. 

Mr.  WickHffe  offered  the  following  sub- 
stitute : 

Resolved,  That  this  Convention,  when  it 
does  adjourn,  shall  adjourn  subject  to  the 
call  of  a  quorum  of  the  members;  Provided, 
That  should  the  Constitution  be  ratified, 
this  Convention  shall  therefore  be  deemed 
adjourned  sine  die,  but  in  case  the  Consti- 
tution should  not  be  ratified,  then  the  Con- 
vention may  be  reconvened  by  said  quorum. 

Mr.  Belden  moved  to  lay  the  resolution 
and  substitute  on  the  table. 

Mr.  McMillen  raised  the  point  of  order 
that  the  motion  of  Mr.  Crawford  is  equiva- 
lent to  a  motion  to  adjourn,  and  the  mo- 
tion to  lay  it  on  the  table  cannot  be  enter- 
tained. 

The  Chair  decided  that  the  point  of  order 
ivas  not  well  taken. 

Mr.  Belden's  motion  to  lay  on  the  table 
prevailed. 

The  Committee  on  Contingent  Expenses 
submitted  the  following  report: 

New  Orleans,  March  7,  1868. 

To  the  Honorable  President  and  Members  of  the 
Louisiana  State  Constitutional  Convention  : 

Gentlemen — Your  Committee  on  Con- 


tingent Expenses,  having  carefully  exam- 
ined the  bill  of  B.  Bioomfield  &  Co.,  re- 
spectfully ask  the  Convention  to  approve 
the  same  and  order  warrants  to  the  amount 
of  one  hundred  and  four  dollars  (^104)  for 
the  i^ayment  of  the  herein  attached  bill. 
Res^Dectfully, 

Hy.  Bonseigneub, 
Chairman  Contingent  Exjjenses  Committee. 

Which  was  received  and  the  bill  ordered 
to  be  paid. 

By  Mr.  Oliver  : 

Resolved,  That  as  soon  as  the  Constitu- 
tion framed  by  this  Convention  is  signed, 
that  attested  copies  of  the  same  be  sent  to 
the  President  of  the  United  States. 

Be  it  resolved furtlier,  That  Mr.  Geo.  W. 
Mader,  Secretary  of  the  Printing  Com- 
mittee, be  appointed  special  messenger  to 
Washington  to  deliver  the  same,  and  that 
five  hundred  dollars  be  paid  him  out  of  the 
first  funds  received  for  account  of  this 
Convention  in  the  State  Treasury  on  a  war- 
rant, drawn  by  the  Warrant  Clerk  and 
signed  by  the  President  of  this  Conven- 
tion. The  said  five  hundred  dollars  being 
compensation  in  full  for  his  services  and  ex- 
penses to  and  from  Washington  City. 

Mr.  McMillen  moved  to  amend  by  strik- 
ing out  all  after  the  first  resolution,  and 
to  amend  the  first  so  as  to  read  as  follows : 

Resolved,  That  as  soon  as  the  Constitu- 
tion framed  by  the  Convention  is  signed, 
attested  copies  of  the  same  be  forwarded  to 
the  President  of  the  United  States,  and  to 
the  President  of  the  Senate  and  Speaker  of 
the  House  of  Representatives  of  Congress, 
by  the  President  of  the  Convention. 

The  amendment  was  adopted. 

The  resolution,  as  above  amended,  was 
adopted. 

By  Mr.  Blackburn: 

Resolved,  That  the  Convention  authorize 
the  Committee  on  Printing  to  have  ten 
thousand  copies  of  the  Constitution 
printed  in  pamphlet  form  by  the  proprietor 
of  the  New  Orleans  Republican  newspaper; 
Provided,  Said  proprietor  will  furnish  the 
ten  thousand  copies  for  fifteen  hundred 
dollars. 

Mr.  Crane  moved  to  amend  by  striking 
out  the  word  "Republican,"  and  inserting 
the  word  "Tribune." 

Lost — ayes  22,  nays  53 — as  follows : 
Yeas:  Bonseigneur,  Bonnefoi,  Brown, 
Butler,  Crane,  Depasseau,  G.  Duparte, 
Duplessis,  Esnard,  Ferguson,  R.  H.  Isa- 
belle,  Jackson,  Lange,  Leroy,  R.  Lewis, 
Martin,  Moses,  Mushaway,  Riard  Ro- 
driguez, Smith,  Tinchant — 22. 


JOUENAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


289 


Nays:  Antoine,  Baker,  Eertonnean, 
Blackburn,  Blandin,  Burrel  Cooley,  Craw- 
ford, Cuney,  P.  G.  Deslonde,  Oos.  Des- 
londe,  Donato,  Douglas,  U.  Dupart,  Gardi- 
ner, Gruichard,  Harper,  Harris,  Hempstead,  ^^^^ 
Ingraliam,  Tlios.  Isabelle,  Jones,  Kelso,  ' 
Landers,  J.  B.  Lewis,  Marie,  Massicot, 
Meadows,  McLeran,  McMillen,  Morris, 
Murrel,  Myers,  Newsliam,  Oliver,  Packard, 
Pierce,  Poindexter,  Pollard,  Beagan,  Reese, 
Riggs,  Schwab,  Snasr,  Thibaut,  Un- 
derwood, Valfroit,  Vandergriff,  Vidal, 
Waples,  Wickliffe,  Williams,  Wilson— 53. 
Mr.  Blackburn's  resolution  T7as  adopted. 
Ayes  44,  nays  30,  as  follows: 
Ayes:  Antoine,  Baker,  Blackburn, 
Brown,  BuiTel,  Crawford,  Cuney,  P.  G. 
Deslonde,  J.  Deslonde,  Gardiner,  Gui- 
cliard,  Hai-iDer,  Harris,  Hempstead,  Ingn^- 
ham,  T.  Isabelle,  Jackson,  Jones,  Kelso, 
Landers,  Leroy,  J.  B.  Lewis,  Marie,  Massi- 
cot, Meadows,  McLeran,  McMillen,  Mor- 
ris, Murrel,  Myers,  New^sham,  Oliver, 
Packard,  Pierce,  Pollard,  Reagan,  Reese, 
Riggs,  Schwab,  Snaer,  Underwood,  Vidal, 
Wickliffe,  "Wilson — i-1  ayes. 

Nays:  Bertonnsau,  Blandin,  Bonsei- 
gneur,  Bonnefoi,  Butler,  Cooley,  Crane, 
Depasseau,  Donato,  Douglas,  G.  Duparte, 
U.  Dupart,  Duplessis,  Esnard,  Ferguson, 
R.  H.  IsalDcUe,  Lange,  R.  Lems,  Moses, 
Mushawav,  Poindexter,  Riard,  Rodriguez, 
■  Smith,  Tiiibaut,  Tinchant,  Valfroit,  Van- 
dergriff, Waples,  Williams — 30  nays. 

Mr.  Crawford  moved  to  reconsider  the 
last  vote. 
Lost— ayes  28,  nays  51 — as  follows : 
Ayes :  Bertonneau,  Blandin,  Bonseigueur, 
Bonnefoi,  Butler,  Cooley,  Crane,  Craw- 
ford, Depasseau,  Donato,  Douglas,  Du- 
parte G.,  Dupart  U.,  Duplessis,  Esnard, 
Ferguson,  Harrison,  Isabelle  R.  H. ,  Lange, 
Leroy,  Lewis  J.  B.,  Lewis  R.,  Moses, 
Mushaway,  Riard,  Rodriguez,  Smith,  Tin- 
chant,  Williams — 28  ayes. 

Nays :  Antoine,  Baker,  Blackburn,  Brown, 
Burrel,  Cromwell,  Cuney,  Deslonde  P.  G., 
Deslonde  Jos. ,  Gardiner,  Guichard,  Har- 
per, Harris,  Hempstead,  Ingraham,  Isa- 
belle Thos.,  Jackson,  Jones,  Kelso,  Lan- 
ders, Marie,  Martin,  Massicot,  Meadows, 
McLeran  McMillen,  Morris,  Murrel, 
Myers,  Newsham,  Oliver,  Packard,  Pierce, 
Pinchback,  Pollard,  Reagan,  Reese,  Riggs, 
Schwab,  Snaer,  Thibaut,  Underwood,  Val- 
froit, Vandergriff,  Vidal  Wickliffe,  Wilson — 
51  nays. 

Mr.  Poindexter  recorded  the  reasons  for 
his  vote  u^Don  the  motion  to  reconsider  the 
resolution  of  Mr.  Undervrood  yesterday, 
as  follows: 

20 


I  record  the  following  reason  for  my 
vote :  I  am  opposed  to  give  expense  to  the 
State  for  nothing.    I  vote  aye. 

Mr.  Lange  recorded  the  foUov/ing  rea- 
^  for  his  vote  on  the  adoption  of  the 
'  Constitution : 

Mr.  President  and  Members  of  the  ConstitutioEal 
Convention : 

Gextle:^ien — Please  to  allovr  me  a  small 
siDace  in  your  official  journal  to  record  my 
vote  on  the  adoption  of  the  Constitution 
as  a  whole.  I  voted  ye;?,  and  shall  give  my 
reasons  v/hy:  Title  I,  Bill  of  Rights,  secuj:es 
to  every  good,  honest  and  loyal  citizen  of 
the  Stat©  of  Louisiana  the  rights  of  citizen- 
shi]D,  follows  the  free  school  system,  secures 
to  my  child  and  to  all  children  throughout 
the  State  their  education  which  their  fore- 
fathers have  been  deprived  of  for  two  hun- 
dred and  fifty  3-ears,  and  I  shall  sign  the 
Constitution  without  any  hesitation. 

Victor  M.  La^-ge, 

of  East  Baton  Rouge. 
By  Mr.  McMillen: 

Resolved,  That  the  10,000  copies  ordered 
above,  be  printed  as  soon  as  possible  after 
the  Constitution  is  signed  and  be  divided 
equally  among  the  several  members  of  the 
Convention  for  distribution. 
Adopted. 

Mr.  Pinchback  moved  that  the  Secretary 
proceed  to  read  the  engrossed  copy  of  the 
Constitution  from  the  desk. 
Adopted. 

Mr.  Wickliffe  moved  that  a  committee  at 
large  of  three  members  be  appointed  to 
compare  the  other  engTossed  copies  of  the 
Constitution  with  the  one  read  from  the 
desk.  Adopted. 

The  Chair  appointed  as  the  committee 
Messrs.  McMiUen,  Pinchback  and  Berton- 
neau. 

Mr.  Wickliffe,  chairman  of  the  Commit- 
tee on  Revision,  submitted  the  following 
report: 

To  the  President  and  Members  of  the  ConstitutioEal 
Convention: 

Gentlemen — Your  committee,  to  whom 
was  committed  the  final  revision  of  th< 
Constitution,  and  the  enrollment  of  th< 
same,  respectfully  beg  leave  to  report  that 
they  have  accomplished  the  labors  impose^ 
u23on  them,  and  herewith  respectfully  sub 
mit  three  copies  of  the  Constitution  for  th( 
signatures  of  the  ^  members  of  the  Con« 
ventiou. 

G.  M.  WicKLiEFE,  Chairman; 
Ja^es  H.  Ingbaham, 
W.  Jasper  Blackbttp.n. 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


The  report  was  received,  and  the  com- 
laittee  discharged. 

The  Secretary  ]}TOceeded  to  read  from 
fthe  official  copy  the  Constitution,  ns 
■adopted. 

At  the  conckision  of  the  reading,  Mr. 
McMillen,  chairman  of  the  Select  Commit- 
itee,  rose  and  rer)orted  that  the  Constitii- 
■iion  has  been  read  in  the  hearing  of  the 
■  Convention,  and  your  committee  have 
carefully  compared  with  it  the  three  copies 
thereof  committed  to  them,  and  find  them 
i:o  be  correct  and  complete. 

In  concluding  his  report,  Mr.  McMillen 
■;moyed  to  repeal  article  99,.  relating  to  dis- 
iranchisement,  and  to  substitute  therefor 
the  article  originally  adopted  by  the  Con- 
vention. 

Mr.  Underwood  moved  to  lay  the  motion 
of  Mr.  McMillen  on  the  table. 

Lost — ayes  35,  nays  35— as  follov,^s; 

Yeas:  Baker,  Belden,  Blackburn,  Brov/n, 
Burrel,  Cromwell,  Cuney,  P.  G.  Deslonde, 
Jos.  Deslonde,  Gardiner,  Guichard,  Harper, 
Hempstead,  Ingraham,  Jones,  Lange, 
Leroy,  Marie,  Massicot,  Meadov/s,  Mc- 
Leran,  Morris,  Moses,  Newsham,  Oliver, 
Packard,  Poindexter,  Pollard,  Eeagan, 
Schwab,  Underwood,  VaJfroit,  Yidal,  Wick- 
.  liife,  Wilson — 35  yeas. 

Nays:  Antoine,  Bertonneau,  Blandin, 
Bonseigneur,  ^Bonnefvoi,  Cooley,  Crane, 
Crawford,  D earing,  Demarest,  Depasseau, 
Donato,  Douglas,  G.  Duparte,  Duplessis, 
Esnard,  Ferguson,  Harrison,  R.  H.  Isa- 
"belle,  Thos.  Isabelle,  Kelso,  McMillen, 
MushawpoV,  Myers,  Pinchback,  Riard, 
Higgs,  Rodriguez,  Smith,  Snaer,  Thibaut, 
'Tinchant,  Vandergriff,  WajDles,  Williams — 
35  nays. 

The  motion  of  Mr.  McMillen  was  lost. 
.  Ayes  32,  nays  41,  as  follows: 

Yeas:  Antoine,  Belden,  Bertonneau, 
Blandin,  Bonseigneur,  Bonnefoi,  Cooley, 
Crane,  Crawford,  D earing,  Depasseau,  Do- 
nato,  Douglas,  G.  Duparte,  Duplessis,  Es- 
aard.  Fuller,  Ferguson,  Harrison,  Thos. 
Isabelle,  McLeran,  McMillen,  Mushaway, 
'Myers, Pinchback,  Riard,  Rodriguez,  Smith, 
"Thibaut,  Tinchant,  Vandergriff,  Williams — 
.32. 

Nays:  Baker,  Blackburn,  Brown,  Burrel, 
Oromwell,  P.  G.  Deslonde,  Jos.  Deslonde, 
U.  Dupart,  Gardiner,  Harper,  Harris, 
Hempstead  Ingraham,  R..  H.  Isabelle  Jones, 
.Landers,  Lange,  Leroy,  Marie,  Massicot, 
Meadows,  Morris,  Moses,  Murrel,  Newsham, 
Oliver,  Packard,  Pierce,  Poindexter,  Pol- 


lard, Reagan,  Reese,  Riggs,  Schwab,  Snaer, 
Underwood,  Valfroit,  Vidal,  Waples,  Wick- 
liffe,  Wilson— 41. 

Mr.  Wickliffe  moved  that  the  Conven- 
tion do  now  x^roceed  to  sign'  the  Constitu- 
tion. 

Adopted. 

The  President  directed  the  roll  to  be 
called,  w^hich  was  done,  and  the  delegates, 
in  the  order  in  which  their  names  were 
read  by  the  Secretary,  stepped  forward  to 
the  President's  desk  and  affixed  their  sig- 
natures to  each  of  the  three  engrossed  co- 
pies of  the  Constitution,  except  Messrs. 
Barret,  Bernard,  Edwards  and  Ludeling, 
who  were  absent,  and  Messrs.  Cooley, 
Crawford,  Dearing,  Ferguson  and  Harrison, 
who  refused  to  sign  it. 

When  Mr.  Barrett's  name  was  called, 
Mr.  Cooley  presented,  the  following  protest 
signed  by  Messrs.  Barrett  and  Ludeling. 

Mr.  Meadows  moved  that  the  Conven- 
tion refuse  to  receive  the  protest  and  that 
it  be  returned  to  the  signers. 

The  motion  was  not  acted  upon. 

Mr.  Tinchant  moved  to  reject  the  protest. 

Lost. 

On  motion  of  Mr.  Wickliffe  the  protest 
was  received,  and  ordered  to  be  spread 
upon  the  minutes. 

The  undersigned,  members  of  the  Con- 
stitutional Convention  of  the  State  of 
Louisiana,  respectfully  submit  the  follow- 
ing as  some  of  the  reasons  which  impel 
tliem  to  refuse  to  sign  the  Constitution 
which  the  Convention  has  framed: 

1st.  Because,  in  the  Bill  of  Rights,  social 
equality  is  attempted  to  be  enforced,  and 
the  right  of  citizens  to  control  their  own 
property  is  attempted  to  be  taken  from 
them  for  the. benefit  of  the  colored  race. 

2d.  Because  a  judicial  system  has  been 
adopted  Avhicli  is  radically  defective,  which 
renders  uncertain  and  insecure  the  rights 
to  property  and  the  liberties  of  the  people. 

3d.  Because  the  proposed  Constitution 
disfranchises  a  large,  influential  and  intelli- 
gent class  of  citizens  of  the  State.  This  is 
impolitic,  'dangerous  and  unjust,  and  is 
opposed  to  Republican  principles. 

4th.  Because  a  system  of  public  educa- 
tion is  forced  upon  the  people,  whereby  the 
whites,  who  are  to  support  the  schools  by 
taxes  levied  on  their  property,  will  be  prac- 
tically debarred  of  the  advantages  of  the 
public  schools.  Mixed  schools  will  not 
.elevate  the  negroes,  but  will  debase  the 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


291 


whites.  Another  effect  of  this  system  will 
be  the  neglect  of  the  education  of  the 
colored  children. 

6th.  The  oath  of  office  is  inconsistent 
with  the  disfranchising  clause  of  the  Con- 
stitution, and  is  absurd. 

6th.  The  direct  tendency  of  the  Constitu- 
tion as  a  whole,  is  to  establish  negro  su- 
premacy in  the  State. 

The  undersigned  believe  that  the  adoj?- 
tion  of  the  Constitution  will  drive  many 
citizens  from  and  will  prevent  emigration  to 
the  State,  retard  her  progress,  destroy  her 
internal  improvements  and  bhght  her 
prosperity. 

They,  therefore,  respectfully  ask  that 
these  reasons  may  be  entered  upon  the 
journal  of  the  Convention. 

JnO.   T.  LTTDEIilNG, 

of  Ouachita  and  Caldwell, 
Jno.  L.  Baseet, 

of  Union. 

The  following  x^rotest  by  Mr.  Baker  was 
ordered  to  be  spread  upon  the  minutes : 

The  removal  of  deep-seated  i^rejudices 
and  time-honored  civilized  customs  by  mere 
acts  of  legislation,  is  not  encouraged  by  the 
teachings  of  history.  Bearing  this  in  mind, 
I  must,  as  a  practical  man,  dissent  from 
some  of  the  provisions  of  the  Constitution 
as  adopted,  but  I  vote  for  the  instrument 
as  a  whole,  ^believing  that  a  return  to  civil 
rule,  even  upon  a  basis  that  may  be  tempo- 
rary, or  under  an  organic  law  which  in  some 
of  its  provisions  may  be  unjust,  is  prefer- 
able for  the  people  of  Louisiana  to  that  fur- 
ther ruin — both  moral  and  x:>olitical — into 
vrhich  they  must  soon  drift  under  our  pres- 
-ent  status  of  anarchy  and  military  despot- 
ism. Li.  Tv".  Baker, 

of  Bossier. 

The  following  protest  of  Messrs.  Cooley, 
Harrison,  Bearing  and  Ferguson,  was 
ordered  to  be  spread  upon  the  minutes: 

I  refuse  to  sign  the  Constitution  adopted 
by  the  Convention  for  the  following  rea- 
sons : 

1.  Article  13,  of  title  1,  BiU  of  Eights, 
violates  the  rights  of  private  x)roperty;  and 
this,  to  do  that  which  legislation  has 
always  failed  to  effect,  viz :  social  equality, 
and  a  social  equality  which  is  abhorrent  to 
all  our  traditions,  and  rei3ugnant  to  the  laws 
of  nature. 

That  this  violation  of  the  rights  of  private 
property,  for  the  above  purpose,  was  de- 
liberately designed  and  intended,  is  evident 
irom  the  proceedings  of  the  Convention, 
Article  13  was  hurriedly  passed  under  the 
operation  of  the  previous  question,  which 
prevented  all  amendments,  so  that  a  view 
of  testing  the  sincerity  of  delegates  who 


disclaim  the  intention  of  forcing  social 
equality,  I  offered  the  following  proviso 
to  the  article.  No.  14:  ''Provided,  Nothing 
contained  in  article  13,  .shall  be  construed 
to  give  greater  rights  to  any  persons  of 
whatever  race  or  color,  than  are  now  j)os- 
sessedby  persons  of  the  white  race." 

This  proviso  v/as  almost  unanimously 
voted  down.    Thus,  the  colored  delegates 
declared  positively  and  emphatically,  that 
they  were  not  satisfied  for  themselves,  with, 
the  rights  now  possessed  by  white  men. 
j    This  article  so    subsersive   of    all  the 
i  rights  of  iDroperty,  and  designed  to  force 
I  such  an  unjust  and  unnatual  equality,  bears 
i  the  number  thirteen;  it  is  hoped  by  the 
undersigned,  the  usual  misfortune  vrhich  is 
said  to  attend  that  number,    may  not  fail 
when  this  Constitutton  is  submitted  to  the 
peojDle  of  Louisiana  for  ratification. 

2.  The  Governor  of  the  State,  under  this 
Constitution,  is  only  required  to  be  twenty- 
one  years  of  p^ge,  and  a  resident  of  the 
State  for  two  years  prececling  liis  election, 
I  believe  the  Chief  Magistrate  of  a  great 
State  Hke  Louisiana,  should  be  more  than, 
a  mere  youth;  and  possess  a  better  know- 
ledge of  its  lavrs,  traditions  and  necessities 
than  can  be  acquired  in  the  space  of  two 
years. 

3.  Contrary  to  the  custom  in  every  State, 
and  therein  following  the  examj)le  of  the 
Constitution  of  1364,  the  present  Consti- 
tution allows  the  Lieutenant  Governor  a 
salary  of  three  thousand  dollars  per  annum 
foi.'  the  performance  of  no  other  services 
than  those  of  presiding  ofiicer  of  the 
Senate  for  sixty  days!  This  is  an  unheard 
of  and  extravagant  waste  of  the  moneys 
belonginr;  t-^.  people  already  ruined,  and 
that,  mer  ^  ^tify  a  set  of  vam^jires  on 
the  public  ,    .  -  y. 

4.  Article  75,  in  prescribing  the  quulifi- 
cations  of  the  judges  of  the  Supreme 
Court,  only  requires  that  the  lawyers  ap- 
pointed to'^that  bench,  shall  have  practiced 
law  for  three  years  in  the  State.  It  is  a 
notorious  fact  that  our  system  of  laws  can- 
not be  mastered  in  three  years;  and  that 
in  such  a  short  space  of  time,  r.nly  a  rudi- 
mentary knowledge  of  it  can  be  acquired. 
This  article  was  adopted  with  a  view  of 
filling  our  Supreme  Bench  with  lawyers 
who  have  only  recelitly  been  practicing  in 
our  State.  These  latter  will  be  less  com- 
petent at  the  end  of  three  years  ^Dractice 
with  us,  than  one  who  began  the  study  of 
the  law  with  our  system,  because  during 
those  three  years  they  will  have  two  very 
difficult  tasks  to  perform,  to  learn  a  new 
system  and  forget  an  old  one.  The  last 
bulwark  for  the  security  of  titles  in. 
this  State  wiU  be  a  bench  totally  unfit  by 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


previous  education  to  understand,  and  con- 
sequently exijound  our  laws. 

6.  The  qualification  of  practice  for  two 
years  in  tliis  Std  te,  required  for  the  district 
judges,  by  article  84,  is  not  sufficient,  and 
when  I  reflect  that  these  judges  are  made 
elective  by  the  people,  who  at  the  best  are 
totally  unqualilied  to  appreciate  the  merits 
of  a  lawyer,  I  cannot  help  the  conviction 
that  such  a  system  with  such  quatifications 
required,  will  overthrow  comx)letely  the 
object  of  a  judiciary.  In  fact,  the  State 
Tvill  have  judges,  but  not  a  judiciary. 

The  Constitution  has  adopted  partially 
the  old  probate  judge  system,  simply  add- 
ing to  the  jurisdiction  of  our  ancient  par- 
ish judges,  soma  matters  x^roperiy  belong- 
ing to  ,  the  ordinary  civil  jurisdiction 
of  courts.  But  all  successions  are  required 
to  be  oj)ened  and  iinally  settled  in  the  par- 
ish courts.  (See  Art.  87.)  And  for  a  court 
having  to  pass  upon  the  most  difficult  ques- 
tions under  onr  laws,  there  relating  to  mat- 
ters of  successions,  the  judge  is  made  elec- 
tive by  the  i^eoi^le;  and  he  is  required  to 
possess  no  qualification,  except  that  he 
shall  be  a  citizen  of  the  United  States.  Even 
the  nominal  qualification  of  "learned  in 
law","  was  stricken  out.  And  I  heard  dele- 
gates say  this  was  done  to  enable  the  freed- 
men  to  hold  the  place  of  parish  judges. 

7.  Independently  of  the  above  specific 
and  detailed  objections,  I  have  a  general 
one  to  the  whole  judicial  system  established 
by  this  Constitution.  I  refer  to  the  elec- 
tive system  adopted.  The  evil  effects  of 
that  system  have  been  too  severely  felt  by 
the  people  of  this  State,  to  permit  me  ever 
to  consent  to  its  re-establishment. 

8.  Article  99,  regulating  the  exercise  of 
the  elective  franchise  and  the  right  of  hold- 
ing office,  is  anti-republican,  in  direct  con- 
flict with  the  principles  already  established 
in  the  title  of  the  "Bill  of  Eights,"  and 
Will  disfranchise  a  large  class  of  the  people 
of  this  State;  and  that  class  is  composed  of 
the  very  material  which  past  events  have 
proven  to  us  we  must  draw  from,  if  we  -wish 
competent  men  to  manage  the  affairs  of 
State.  The  condition  upon  which  they  are 
offered  the  exercise  of  the  elective  franchise 
and  the  capacity  to  hold  office,  is  unjust, 
illiberal,  ungenerous  and  humiliating,  and 
unworthy  of  being  considered  as  emanating 
from  an  American  head  and  American 
"heart. 

9.  The  oath  of  office  required  by  Ai*t.  99 
is  simply  an  absurdity — and  exhibits  in  its 
clearest  light,  the  total  incapacity  of  the 
.members  of  the  Convention  to  fulfill  the 
mission  confided  to  them.  What  security 
will  the  colored  race  have  in  the  oath  of  an 
office,  if  the  Constitution  which  he  himself 
.lias  made,  does  not  afford  it  to  them  ? 


10.  The  system  of  public  education 
adopted  in  the  Constitution,  Art.  134,  will 
defeat  the  ends  proposed  by  its  advocates  ; 
besides  being  unjust  to  the  white  people  of 
the  State,  who  will  be  called  upon  to  pay 
ninety-nine  one-hundredths  part  of  the 
funds  to  carry  it  on.  It  is  also  another  at- 
tempt to  establish,  by  law,  the  social  equal- 
ity of  all  classes  and  color.  I  beheve  the 
system  will  work  irreparable  injury  to  the 
colored  race — because  the  whites  will  never 
mix  with  them  or  allow  their  children  to  go 
to  the  same  schools — and  without  the  help 
of  the  whites,  they  cannot  establish  and 
carry  on  a  system  of  public  education. 

11.  Because  by  Avi.  124,  abolishing  tacit 
mortgages  for  the  futiire,  as  '.v'tll  as  those  exist- 
ing in  the  past,  (the  iatiier  after  a  certain  time) 
the  Constitution  violates  the  Constitution 
of  the  United  States  which  prohibits  the 
divestiture  of  vested  rights  and  the  impair  - 
ing of  obligations.  And  also,  because  the 
same  article  by  requiring  that  every  species 
of  privilege,  without  any  distinction  what- 
ever, and  of  whatever  amount  shall  be  reg- 
istered to  be  effectual,  will  cripple  and  para- 
lize  commercial  operations — and  thus  ruin 
the  commercial  industry  of  the  State. 

12.  Because  the  schedule  reports  certain 
laws — and  from  these  laws  certain  rights 
have  already  accrued  to  jorivate individuals; 
which  repeal  is  a  violation  of  the  Constitu- 
tion of  the  United  States. 

13.  Because  the  ordinance  attached  to 
the  Constitution  is  unjust  and  unfair — cal- 
culated to  open  every  door  to  fraud  and 
corruption — -and  merely  intended  to  secure 
the  election  of  certain  parties  to  office, 
without  consulting  the  general  good. 

Generally,  I  w^ould  state,  I  accepted  a 
position  in  this  body  mth  a  view  of  doing 
all  the  good  I  could  for  the  people  of  this 
State,  black  and  white,  believing  it  best  to 
accept  the  situation  as  I  found  it;  and  be- 
lieving also,  the  freedraen  of  the  State  could 
be  made  to  understand  their  best  interests. 
I  have  been  sadly  deceived. 

W.  H.  COOLEY, 

Delegate  from  Point  Coupee   and  West 
Baton  Rouge. 

We,  the  undersigned,  concur  in  the  rea- 
sons assigned  by  Judge  Cooley,  for  refusing 
to  sign  the  Constitution,  and  adopt  them  as 
our  reasons  for  refusing  to  sign  the  said 
Constitution. 

Geo.  W.  Deaking,  Jb., 

of  Rapides, 
Thos.  p.  Harbison, 
G.  W.  Febguson. 
Mr.  Crane  recorded  the  following  expla ' 
nation  of  his  vote : 

My  opposition  to  many  parts  and  article 
of  this  Constitution  are  indicated  by  m 


JOUENAL  O:^  THE  CONSTITUTIONAL  COXYENTION. 


29a 


Yastation,  desolation  and  ruin,  that  marks 
the  habitations  and  territory  of  this  and 
other  States  of  the  South.  Every  man  in 
this  State  knoT>-s  the  authors  of  the  loss  of 
the  lives  of  so  many  of  the  fathers  and 
sons  of  our  country;  every  man  in  this 
State  kno--ws  the  men  y\-ho  clothed  the 
women  and  children  of  our  once  happy  land 
in  moui-ning,  for  the  loss  of  their 
fathers  and  sons.  Every  man  in  the  Stata 
knows  the  guilty  men  to  be  the  politicians 
and  office-holders  who  had  the  control  and 
management  of  the  G-overnment  of  Louis- 
iana in  1860  and  1861,  and  who  were  in 
concert  vdth  men  of  Kke  character  in  other 
^  ™  ,        T    ^  n       Southern  States,  and   not  the  men  who 

name  to  the  Constitution,  when  adopted  as  ^^..^  rebellion  by  the  result 

a  wlioie.  J  OHN  CxAiK,        ^  qI  poTv-erful  combinations  concocted 

ot  Lasc  ±  eliciana.     !        consummated  by  these  politicians  and 
The  following  protest  of  Messrs.  McMil- 1  office-holders.    My  objection,  therefore,  to 
len,  Fuller,  Steele,  Yandergriff  and  Lynch '.  the  article  is  that  it  has  the  effect  of  dis- 
was  ordered  to  be  spread  upon  the  minutes:  i  fi'anchismg  the  men  who   were  forcibly 
^,    ,    .  en-         X   i.      '  ■    X  driven  into  ine  late  rebellion,  while  the 

We  desire  respecrtully  to  protest  against '  ^-^^  conspked  to  dpstroy  the  Union 
thearacleondisiranchisementassiibversi^^^        ^  mie)  are  free  from  disfi'an- 

of  the  principles  of  true  liepublican  govern- 1  chis'^^ment 

ment.  bur  believing  that  the  adoption  of  the  i       ^        '*  s.  Beldex,  of  Orleans. 

Constitu':ion,  detective  as  it  mav  be  m  our  1     rn-    an       •  • 

judgment,  is  desirable  as  the  speediest  and  |  ^  -^^^  Constuution,  reading  as  loUows,  was 


votes  in  the  Journal  of  the  Convention,  but 
the  good  features  preponderate  over  the 
ba£  in  my  opinion,  and,  therefore,  I  vote 
for  the  adoption  of  the  instrument  as  a 
whole,  and  sign  the  same. 

W.   E.  CSANE. 

The  Secretary  presented  the  following 
authorization  from  Mr.  Gair,  who  was 
absent,  to  sign  the  Constitution  for  him,  ; 
and,  with  the  consent  of  the  Convention,  i 
signed  it  for  Mr,  Gair:  j 
Mechanics'  IxsTirrTE,  )  , 
New  Orleans,  La.,  Feb.  15,  1868.  (  ! 
I  authorize  Mr.  Wm.  Tigers  to  sio;n  my  ' 


surest  method  of  restoring  the  State  to  her  ;  signed  in  the  order  and 
place  in  the  Union,    We  deem  it  our  duty  •  hereafter  named : 


the  members 


to  sign  and  advocate  the  adoption  of  the 
same.  W.  L.  McMillen, 

H.   W.  FULLEE, 

H.  R.  Steele, 
John  B.  Vandeegriff, 
John  Lynch. 
The  following  protest  of  Messrs.  Pinch- 
back,  Donato,  Blandin  and  Esnard,  was 
ordered  to  be  spread  upon  the  minutes: 

We  sign  the  Constitution  with  a  protest 
against  the  99th  article,  as  we  are  now,  rmd 
ever   have   been,    advocates  of  universal  \ 
suffrage,  it  being  one  of  the  fundamental  | 
principles  of  the  Eadical  Eepublican  party 

P.  B.  S.  PiNCHBACK, 

of  Orlens,  Second  District, 
Aug.  Donato,  Je. 
O.  C.  Blandin. 

J.   B,  ESNAED. 

The  following  protest  of  Mr 
against  the  disfranchising  clauses  of  the  \ 
Constitution,  was  ordered  to  be  spread  ui!)on  ; 
the  minutes:  | 

I  am  opposed  to  article  ninety-nine,  for  ^ 
the  reasons  assigned  heretofore  on  its  adop- 
tion. 


PSEAMBLE. 
We,  the  peoi^le  of  Louisiana,  in  order  to 
establish  justice,  insure  domestic  tranquil- 
lity, promote  the  general  welfare,  and  se- 
cure the  blessings  of  liberty  to  ourselves 
'  and  our  posterity,  do  ordain  and  establish, 
i  this  Constitution. 

CONSTITUTION. 

TITLE  I — BILL  OF  RIGHTS. 

Article  1.  All  men  are  created  free  and 
j  equal,  and  have  certain  inalienable  rights; 
'among  these  are  life,  liberty  and  the  pur- 
suit of  happiness.    To  seccure  these  rights, 
governments  are  instituted  among  men,  de- 
riving their  just  powers  from  the  consent  of 
Belden,  |  governed. 

xArt.  2.  All  iDcrson,  without  regard  to  race, 
color,  or  previous  condition,  born  ornatm*al- 
ized  in  the  United  States,  and  subject  to 
the  jurisdiction  thereof,  and  residents  of 
this  State  for  one  year,  are  citizens  of  this 
State.  The  citizens  ,of  this  State  owe- 
I  am  in  favor  of  its  repeal,  %^-ith  the  hope  '  allegiance  to  the  United  Scktes;  and  this 
of  being  able  to  reach  the  gnilty,  r.nd       ,  paramount  to  -'      which  ther 

lieve  those  who  are  not  guiltv,  from  the  ef- j      ^     ^i .   ^  .o  bF 

lects  of  this  article.  Every  man  in  this  |  to  th.^.  State.  Thc,.^  ^  laU  enjoy  the- 
State  knows  who  is  responsible  for  the  de-  i  same  civil,  political  and  j>u".-ylij^  rights  and  . 


JOURNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


privileges,  and  be  subject  to  the  same 
pains  and  penalties. 

Aet.  3.  There  shall  be  neither  slavery  nor 
involuntary  servitude  in  this  State,  other- 
wise tha,n  for  the  punishment  of  crime, 
"whereof  the  i^arty  shall  have  been  duly  con- 
xicted. 

Abt.  4.  The  press  shall  be  free  ;  every 
citizen  may  fi-eely  sj^eak,  write  and  pubhsh 
his  sentiments  on  all  subjects,  being  re- 
sponsible for  the  abuse  of  this  liberty. 

Aet.  5.  The  right  of  the  jDeople  peacea- 
bly to  assemble  and  x>etition  the  Govern- 
ment, or  any  department  thereof,  shall 
never  be  abridged. 

Aet.  6.  Prosocutions  shall  be  by  indict- 
ment or  information.  The  accused  shall 
be  entitled  to  a  speedy  public  trial  by  an 
impartial  jury  of  the  parish  in  which  the 
offense  was  committed,  unless  the  venue  be 
changed.  He  shall  not  be  compelled  to 
give  evidence  against  himself;  he  shall  have 
the  right  of  being  heard  by  himself  or 
counsel;  he  shall  have  the  right  of  meeting 
the  witnesses  face  to  face,  and  shall  have 
compulsory  process  for  obtaining  witnesses 
in  his  favor.  He  shall  not  be  tried  tv^dce 
for  the  same  offense. 

Aet.  7.  All  x^ersons  shall  be  bailable  by 
sufficient  securities,  unless  for  capital  of- 
fenses where  the  proof  is  evident,  or  the 
presumption  great,  or  unless  after  convic- 
tion, for  any  crime  or  offense  punishable 
with  death  or  imprisonment  at  hard  labor. 
The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended. 

Aet.  8.  Excessive  bail  shall  not  be  re- 
quired; excessive  fines  shall  not  be  imposed; 
aior  cruel,  or  unusual  punishments  inflicted. 

Aet,  9.,  The  right  of  the  people  to  be 
secure  in  their  persons,  houses,  papers  and 
effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated;  and  no  war- 
I'ant  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  par- 
ticularty  describiiig  the  place  to  be  searched, 
or  the  person  or  things  to  be  seized. 

Aet.  10.  Ail  courts  shall  be  open;  and 
every  persortxed''  i^ju-ry  done  hi^  in  his 
land,  goods,  GoBSv*>n  or  reputai/on,  shall 
Iiave  adequat^-^  remedy  by  due  process  of 


law,  and  justice  administered  without  de- 
nial or  unreasonable  delay. 

Aet.  11.  No  law  shall  be  passed  fixing 
the  price  of  manual  labor. 

Aet.  12.  Every  person  has  the  natural 
right  to  worship  God  according  to  the  dic- 
tates of  his  conscience.  No  religious  test 
shall  be  required  as  a  qualification  for 
office. 

Aet.  13.  All  persons  shall  enjoy  equal 
rights  and  privileges  upon  any  conveyance 
of  a  public  character;  and  all  places  of  busi- 
ness, or  of  public  resort,  or  for  which  a  li- 
cense is  required  by  either  State,  i3arish  or 
municipal  authority,  shall  be  deemed  ]3laces 
of  a  public  character,  and  shall  be  opened  to 
the  accommodation  and  patronage  of  all 
persons,  without  distinction  or  discrimina- 
tion on  account  of  race  or  color. 

Aet.  14.  The  rights  enumerated  in  this 
title  shall  not  be  construed  to  limit  or 
abridge  other  rights  of  the  people  not  herein 
expressed. 

TITLE  H — LEGISLATIVE  DEPAETMENT. 

Aet.  .  15.  The  legislative  power  of  the  State 
shall  be  vested  in  two  distinct  branches;  the 
one  to  be  styled  the  House  of  Eepresenta- 
tives,  the  other  the  Senate,  and  both  the 
General  Assemby  of  the  State  of  Louisiana. 

Aet.  16.  The  members  of  the  House  of 
Eex)resentatives  shall  continue  in  office  for 
two  years  from  the  day  of  the  closing  of 
the  general  elections. 

Aet.  17.  Kepresentatives  shall  be  chosen 
on  the  first  Monday  in  November  every  two 
years,  and  the  election  shall  be  completed 
in  one  day.  The  General  Assembly  shall 
meet  annually  on  the  first  Monday  in  Janu- 
ary, unless  a  different  day  be  a^Dpointed  by 
law,  and  their  sessions  shall  be  held  at  the 
seat  of  government. 

Aet.  18.  Every  elector  under  this  Consti- 
tution shall  be  eligible  to  a  seat  in  the  House 
of  Kepresentatives;,  and  every  elector  who 
has  reached  the  age  of  twenty-five  years, 
shall  be  ehgible  to  the  Senate;  Provided, 
that  no  person  shall  be  a  Representative  or 
Senator  unless  at  the  time  of  his  election  he 
be  a  qualified  elector  of  the  representative 
or  senatorial  district  from  which  he  is 
elected. 


JOrEX-iL  or  THE  COXSTITrTIOXAL  COXYE>'TION. 


29o 


Abt.  19.  Elections  for  members  of  tlie 
General  Assembly  shall  be  held  at  the  sev- 
eral election  precincts  established  by  la^;-. 

A.TLT.  20.  Eei^resentation  in  the  House  of 
Eej)resentatiTes  shall  be  aqual  and  uniform; 
and  after  the  first  General  Assembly  elected 
under  this  Constitution,  shall  be  ascertained 
I  and  regulated  by  the  total  iDopulation,  each 
'  parish  in  the  State  baing  entitled  to  at  least 
one  representative.  A  census  of  the  State 
by  State  authority  shall  be  taken  in  the 
I  year  eighteen  hundred  and  seventy-five,  and 
every  ten  years  thereafter.  In  case  of  in- 
formality, omission,  or  error  in  the  census 
returns  from  any  parish  or  election  district, 
the  General  Assembly  may  order  a  nevr  cen- 
sus taken  in  such  parish  or  election  district; 
but  until  the  State  census  of  eighteen  hun- 
dred and  seventy-five,  the  ai^i^ortionment 
of  the  Siate  shall  be  made  on  the  basis  of 
the  census  of  the  United  States  for  the 
year  eighteen  hundred  and  seventy. 

Ajrt.  21.  The  General  Assembly,  at  the 
first  session  after  the  making  of  each  enu 
meration,  shaU  a-pportion  the  representa- 
tion amongst  the  several  parishes  and  rep- 
resentative districts,  on  the  basis  of  the 
total  poimlation,  ,  as  aJoresaid.  A  repre- 
sentative number  shall  be  fixed,  and  each 
parish  and  representative  district  shall  have 
as  many  representatives  as  the  number  of 
its  total  iDOi^ulation  ^wrill  entitle  it  to  have; 
and  an  additional  representative  for  any 
fraction  exceeding  one -half  of  the  repre- 
sentative number.  The  number  of  repre- 
sentatives shall  never  exceeds,  one  hundi'ed 
and  twenty,  nor  be  less  than  ninety. 

Akt.  22.  Until  an  ai^portionment  sliall  be 
made  in  accordance  with  the  jDrovisions 
of  article  twenty,  the  representation  in  the 
Senate  and  House  of  Eepresentatives  shall 
be  as  follows: 

For  the  parish  of  Orleans: 

First  Eei)resentative  District  two 

Second       "   three 

Thiixl  "   four 

Foiu-th       "  "   two 

Fifth  "  "   two 

Sixth   one 

Seventh   two 

Eighth       "   one 

Ninth         "  "   two 

Tenth         "   three 


Orleans,  right  bank  one 

Ascension  two 

■  Assumption  two 

'  Avoyelles  two 

'Baton  Eouge,  East  thi-ee 

i  Baton  Rouge,  TTest  one 

Bienville  one 

'  Bossier  two 

Caddo  three- 

Calcasieu  one 

J  GaldweR   .  on© 

j  Carroll  two 

;  Catahoula  one 

1  Claiborne  ,  two> 

I  Concordia  two 

:  De  Soto  two 

Feliciana,  East  two 

Feliciana,  "West  one 

j  Frankhn  one 

!  Iberville  two  ■ 

Jackson  .•  one  - 

Jefi"er3on  four' 

Lafayette  one 

Lafourche  two 

Livingston  one. 

Madison  one- 

Morehouse  one> 

Xatchitoches  two 

Ouachita  two- 

;  Plaquemines  .'   one? 

P  oin  t  C  oup  ee  tiro 

Eapides. .  T  three^ 

;  Sabine  one- 

St.  Bernard  one 

St.  Charles  one 

St.  Helena  on^ 

St.  James  two 

St.  John  Baptist  one 

;  St.  Landry.".  four- 

■  St.  Martin   .two 

iSt.  Mary  two 

i  St.  Tammany  one 

I  Tensas  two 

Terrebonne  t^o 

'  Union   one- 

:  Vermillion  one 

I  Washington  one 

I  Winn  one 

j  Total  One  hundred  and  one.. 

;  And  the  State  shall  be  divided  into  the 
{  following  senatorial  districts,  to  wit : 
I  The  First,  Second  and  Tliird  Eepresentii- 
'  tive  Districts  of  Xew  Orleans  shall  form  one 
senatorial  district,  and  elect  three  Sen- 
'  ators. 

'    The  Fourth,  Fifth  and  Sixth  Eepresenta- 
tive  districts  of  Xew  Orleans  shall  form 
[  one  district,  and  elect  two  Senators, 
i    The  Seventh,  Eighth  and  Ninth  Eepre- 
1  sentative  Districts  of  New  Orleans  and  tlie 


293 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONTENTION. 


parish,  of  St.  Bernard  shall  form  one  dis- 
trict, and  elect  two  Senators. 

The  Tenth  Kepresentative  District  of  New 
Orleans  shall  form  one  district,  and  elect  one 
Senator. 

Orleans,  right  bank,  and  the  parish  of 
Plaquemines  shall  form  one  district,  and 
elect  one  Senator. 

The  parishes  of  Jefferson,  St.  Charles 
and  St.  John  Baptist  shall  form  one  dis- 
trict, and  elect  two  Senators. 

The  parishes  of  Ascension  and  St.  James 
shall  form  one  district,  and  elect  one  Sen- 
ator. 

The  parishes  of  Assumption,  Lafourche 
and  Terrebonne  shall  form  one  district, 
and  elect  two  Senators. 

The  iDarishes  of  Yermillion  and  St.  Mary 
shall  form  one  district,  and  elect  one  Sena- 
tor. 

The  parishes  of  Calcasieu,  Lafayette  and 
St.  Landry  shall  form  one  district,  and 
elect  two  Senators. 

The  parishes  oi  Livingston,  St.  Helena, 
Vv^ ashington  and  St.  Tammany  shall  form 
one  district,  and  elect  one  Senator. 

The  parishes  of  Point  Coupee,  East 
Feliciana  and  West  Feliciana  shall  form 
one  district,  and  elect  two  Senators. 

The  parish  of  East  Baton  Ptouge  shall 
form  one  district,  and  elect  one  Senator. 

The  parishes  of  West  Baton  Bouge,  Iber- 
rille  and  St.  Martin  shall  form  one  district, 
and  elect  two  Senators. 

The  parishes  of  Concordia  and  AvoyeUes 
.5liall  form  one  district,  and  elect  one  Sen- 
ator. 

The  parishes  of  Tensas  and  Franklin 
shall  form  one  district  and  elect  one  Sen 
ator. 

The  parishes  of  Carroll,  Madison  and 
Merehouse  shall  form  one  district,  and 
elect  two  Senators. 

The  parishes  of  Ouachita  and  Caldwell 
shall  form  one  district,  and  elect  one 
Senator. 

The  parishes  of  Jackson  and  Union  shall 
form  one  district,  and  elect  one  Senator. 

The  parishes  of  Bossier,  Bienville  and 
Claiborne  shall  form  one  district,  and  elect 
two  Senators. 


The  parish  of  Caddo  shall  form  one  dis- 
trict, and  elect  one  Senator. 

The  parishes  of  DeSoto,  Natchitoches  and 
Sabine  shall  form  one  district,  and  elect 
two  Senators. 

The  parish  of  Pvapides  shall  fonn  one  dis- 
trict, and  elect  one  Senator. 

The  parishes  of  Catahoula  and  Winn 
shall  form  one  district,  and  elect  one  Sen- 
ator. 

Thirty-six  Senators  in  all. 
Akt.  23.  The  House  of  Representatives 
shall  choose  its  Si)eaker  and  other  officers. 

Art.  24.  Electors,  in  all  cases  except 
treason,  felony  or  breach  of  the  peace, 
shall  be  privileged  from  arrest  during  their 
attendance  on,  going  to  and  returning  from 
elections. 

Art.  25.  At  its  first  session  under  this 
Constitution,  the  General  Assembly  shall 
provide  by  law  that  the  names  and  resi- 
dence of  all  qualified  electors  shall  be  regis- 
tered, in  order  to  entitle  them  to  vote,  but 
the  registry  shall  be  free  of  cost  to  the 
elector. 

Art.  26.  No  person  shall  be  entitled  to 
vote  at  any  election  held  in  this  State,  ex- 
cept in  the  parish  of  his  residence  and  at 
the  election  precinct  in  which  he  is  regis- 
tered; Provided,  That  no  voter  in  remov- 
ing from  one  parish  to  another,  shall  loose 
the  right  to  vote  in  the  former  until  he  has 
acquired  it  in  the  latter. 

Art.  27.  The  members  of  the  Senate 
shall  be  elected  for  the  term  of  four  years; 
and  when  assembled,  the  Senate  shall  have 
power  to  choose  its  own  officers,  except  as 
hereinafter  provided. 

Art.  28.  The  General  Assembly  shall 
divide  the  State  into  senatorial  districts 
whenever  it  apportions  representation  in 
the  House  of  Representatives. 

Art.  29.  No  parish  shall  be  divided  in 
the  formation  of  a  senatorial  district,  the 
parish  of  Cleans  excepted  ;  and  whenever 
a  new  parish  shall  be  created,  it  shall  be 
attached  to  the  senatorial  district  from 
which  most  of  its  territory  is  taken,  or  to 
another  contiguous  district,  at  th*e  discre- 
tion of  the  General  Assembly  ;  but  shaU  not 
be  attached  to  more  than  one  district.  The 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


297 


number  of  Senators  shall  be  thirty-six;  and 
they  shall  be  apportioned  among  the  isena- 
torial  districts  according  to  the  total  popu- 
lation of  said  districts. 

Aet.  30.  In  all  apportionments  of  the 
Senate,  the  total  population  of  the  State 
shall  be  divided  by  the  number  thirty-six, 
and  the  result  produced  by  this  division 
shall  be  the  senatorial  ratio  entithng  a  sena- 
torial district  to  a  Senator. 

Single  or  contiguous  x^^^i'ishes  shall  be 
formed  into  districts  having  a  population 
the  nearest  possible  to  the  number  entitling 
a  district  to  a  Senator  ;  and  if  the  appor- 
tionment to  make  a  parish  or  district  fall 
short  of,  or  exceed  the  ratio,  then  a  dis- 
trict may  be  formed,  having  not  more  than 
tvro  Senators,  but  not  otherwise.  No  new 
ax^portioument  shall  have  the  effect  of 
abridging  the  term  of  service  of  any  Sena- 
tor already  elected  at  the  time  of  making 
the  api^ortionment.  After  an  enumeration 
has  been  made,  as  directed  in  the  twentieth 
article,  the  Oeneral  Assembly  shall  not  pass 
any  law  till  an  apportionment  of  representa- 
tion in  both  Houses  of  the  General  Assem- 
bh'  be  made. 

Art.  31.  At  the  first  session  of  the  Gen- 
eral Assembly  after  this  Constitution  goes 
into  effect,  the  Senators  shall  be  divided 
equally  by  lot  into  two  classes;  the  seats  of 
the  Senators  of  the  first  class  to  be  vacated 
at  the  expiration  of  the  term  of  the  first 
House  of  Representatives;  those  of  the  sec- 
ond class  at  the  expiration  of  the  term  of 
the  second  House  of  Representatives;  so 
that  one-haK  shall  be  chosen  every  two 
years  successively.  When  a  district  shall 
have  elected  two  Senators,  their  respective 
terms  of  office  shall  he  determined  by  lot 
between  themselves. 

Aet.  32.  The  first  election  for  Senators 
shall  be  held  at  the  same  time  with  the 
election  for  representatives;  and  thereafter 
there  shall  be  elections  of  Senators  at  the 
same  time  with  each  genenral  election  of 
representatives,  to  fill  the  places  of  those 
Senators  whose  term  of  office  may  have  ex- 
i:irad. 

Aet.  33.  Not  less  tli.in  a  majority  of  the 
members  of  each  House  of  the  General 


;  Assembly  shall  form  a  quorum  to  transact 
I  business;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  shall  have  full  jpower 
to  compel  the  attendance  of  absent  mem- 
bers. 

I  Art.  34z.  Each  House  of  the  General 
1  Assembly  shall  judge  of  the  qualifications, 
!  election,  and  retui'ns  of  its  members,  but  a 
contested  election  shall  be  det-ermined  in 
i  such  manner  as  may  be  prescribed  by  law. 
i  Aet.  35.  Each  House  of  the  General 
I  Assembly  may  determine  the  rules  of  its 
I  proceedings,  punish  a  member  for  dis- 
;  orderly  conduct,  and  with  a  concun-ence  of 
i  two-thirds,  expel  a  member,  but  not  a 
i  second  time  for  the  same  offense. 
!  Aet.  36.  Each  House  of  the  General  As- 
I  sembly  shall  keep  and  publish  weekly  a 
'journal  of  its  proceedings;  and  the  yeas 
'  and  nays  of  the  members  on  any  question, 
i  at  the  desire  of  any  two  of  them,  shall  be 
1  entered  on  the  journal. 

Art.  37.  Each  House  may  punish  by  im- 
I  prisonment  any  person  not  a  member  for 
I  disrespect  and  disorderly  behavior  in  its 
I  X3resence,  or  for  obstructing  any  of  its  pro- 
I  ceedings;  such  imprisonment  shall  not  ex- 
I  ceed  ten  days  for  any  one  offense. 

Aet.  38.  Neither  House  shall  adjourn  for 
I  more  than  three  days,  nor  to  any  other 
:  place  than  that  in  which  it  may  be  sitting, 
\  during  the  sessions  of  the  General  Assem- 
]  bly,  without  the  consent  of  the  other, 
j  Art.  39.  The  members  of  the  General 
;  Assembly  shall  receive  from  the  public 
j  Treasury  a  compensation  for  their  services, 
i  which  shall  be  eight  dollars  per  day  during 
!  their  attendance,  going  to  and  returning 
:  from  the  sessions  of  their  respective  Houses, 
i  This  compensation  may  be  increased  or 
I  diminished  by  law,  but  no  alteration  shall 
i  take  effect  during  the  j)eriod  of  service  of 
I  the  members  of  the  House  of  Representa- 
i  tives  by  which  such  alteration  shall  have 
I  been  made.  No  session  shall  extend  beyond 
j  the  period  of  sixty  days,  to  date  from  its 
j  commencement;  and  any  legislative  action 
I  had  after  the  expiration  of  said  j)eriod  of 
!  sixty  days  shall  be  nuU  and  void;  but  the 
I  first  General  Assembly  that  shnU  convene 
I  after  the  adoption  of  this  Constitution,  may 


298 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


continue  in  session  for  one  linndred  andl 
twenty  days.  ' 

Art.  40.  The  members  of  the  General 
Assembly,  in  all  cases  except  treason,  felony 
or  breach  of  the  peace,  shall  be  privileged 
from  arrest  during  their  attendance  at  the 
sessions  of  their  respective  houses,  and 
going  to  or  returning  from  the  same;  and 
for  any  speech  or  debate  in  either  House 
shall  not  be  questioned  in  any  other  vlc^oe. 

Art.  41.  No  Senator  or  Eepresentative 
during  the  term  for  which  he  was  elected, 
nor  for  one  year  thereafter,  shall  be  ap- 
XDointed  to  any  civil  ofSce  of  profit  under 
this  State,  which  shall  have  been  created, 
or  the  emoluments  of  which  may  have  been 
increased  during  the  time  such  Senator  or 
Eepresentative  was  in  office. 

Abt.  42.  No  bill  shall  have  the  force  of  a 
law,  until  on  three  several  days  it  be  read 
in  each  House  of  the  General  Assembly, 
and  free  discussion  allowed  thereon;  unless 
four-fifths  of  the  House  w^here  the  bill  is 
pending,  may  deem  it  expedient  to  dis- 
pense v/ith  this  rule. 

Abt.  43.  All  bills  for  raising  revenue 
shall  originate  in  the  House  of  Eepresenta- 
tives;  but  the  Senate  may  propose  amend- 
ments as  in  other  bills;  Provided,  It  shall 
not  introduce  any  matter  under  the  color 
of  an  amendment,  which  does  not  relate  to 
raising  revenue. 

Aet.  4A.  The  General  Assembly  shall 
regulate  by  whom,  and  in  what  manner, 
writs  of  election  shall  be  issued  to  fill  the 
vacancies  which  may  occur  in  either  branch 
thereof. 

Art  45.  On  the  confirmation  or  rejec- 
tion of  the  officers  to  be  appointed  by  the 
Governor  with  the  advice  and  consent  of 
the  Senate,  the  vote  shall  be  taken  by  yeas 
and  nays  ;  and  che  names  of  the  Senators 
voting  for  and  against  the  appointments 
respectively,  shall  be  entered  on  the 
journals  to  be  kept  for  the  purpose,  and 
made  public  on  or  before  the  end  of  each 
eession. 

Aet.  46.  Eeturns  of  all  elections  for  mem- 
bers of  the  General  Assembly  shall  be  made 
to  the  Secretary  of  State. 

Art.  47.  In  the  year  in  which  a  regular 
election  for  a  Senator  of  the  United  States 


is  to  take  place,  the  members  of  the  General 
Assembly  shall  meet  in  the  Hall  of  the 
House  of  Eepresentatives  on  the  second 
Monday  follomng  the  meeting  of  the  Gen- 
eral Assembly  and  proceed  to  said  election. 
TITLE  m — executive  department. 

Art.  48.  The  supreme  executive  powder 
of  the  State  shall  be  vested  in  a  Chief  Magis- 
trate, viho  shall  be  styled  the  Governor  of 
the  State  of  Louisiana.  He  shall  hold  his 
office  during  the  term  of  four  years,  and 
together  with  the  Lieutenant  Governor, 
chosen  for  the  same  term,  be  elected  as  fol- 
lows: The  qualified  electors  for  rejpresent- 
atives  shall  vote  for  Governor  and  Lieute- 
nant Governor  at  the  time  and  place  of 
voting  for  representatives;  the  returns  of 
every  election  shall  be  sealed  up  and  trans- 
mitted by  the  proper  returning  officer  to  the 
Secretary  of  State,  wdio  shall  deliver  them 
to  the  Speaker  of  the  House  of  Eepresenta- 
tives on  the  second  day  of  the  session 
of  the  General  Assembly  then  to  be 
holden.  The  members  of  the  General  As- 
sembly shall  meet  in  the  House  of  Eepre- 
sentatives to  examine  and  count  the  votes. 
The  person  having  the  greatest  number  of 
votes  for  Governor  shall  be  declared  duly 
elected;  but  in  case  of  a  tie  vote  between 
two  or  more  candidates,  one  of  them  shall 
immediately  be  chosen  Governor  by  joint 
vote  of  the  members  of  the  General  Assem- 
bly. The  person  having  the  greatest  num- 
ber of  votes  poUed  for  Lieutenant  Gover- 
nor shall  be  Lieutenant  Governor;  but  in 
case  of  a  tie  vote  between  two  or  more  can- 
didates, one  of  them  shall  be  immediately 
chosen  Lieutenant  Governor  by  joint  vote 
of  the  members  of  the  General  Assembly. 

Art.  49.  No  person  shall  be  eligible  to 
the  office  of  Governor  or  Lieutenant  Gov- 
ernor, who  is  not  a  citizen  of  the  United 
States,  and  a  resident  of  this  State  tw^o 
years  next  preceding  his  election. 

Art.  50.  The  Governor  shall  be  ineligible 
for  the  succeeding  four  years  after  the  ex- 
pii-ation  of  the  time  for  whicli  he  shall  have 
been  elected. 

Art.  51.  The  Governor  shall  enter  on  the 
discharge  of  his  duties  on  the  second  Mon- 
day in  January  next  ensuing  his  election, 
and  shajl  continue  in  office  until  the  Mon- 


JOUENAIi  OF  THE  CONSTITUTIONAL  CONVENTION. 


299^ 


day  next  succeeding  the  day  that  his  suc- 
cessor shall  be  declared  duly  elected,  and 
shall  have  taken  the  oath  or  afhrmation  re- 
quired by  'the  Constitution. 

Art.  52.  No  member  of  Congress,  or  any 
person  holding  office  under  the  United 
States  Government,  shall  be  eligiijie  to  the 
office  of  Governor  or  Lieutenant  Governor. 

Akt.  53.  In  case  of  impeachment  of  the 
Governor,  his  removal  from  office,  death, 
refusal  or  inability  to  qualify,  or  to  discharge 
the  powers  and  duties  of  his  office,  resig- 
nation or  absence  from  the  State,  the 
powers  and  duties  of  the  office  shall  de- 
volve upon  the  Lieutenant  Governor  for 
the  residue  of  the  term,  or  until  the  Gov- 
ernor, absent  or  impeached,  shall  return  or 
be  acquitted,  or  the  disabihty  be  removed. 
The  General  Assembly  may  provide  by  law 
for  the  case  of  removal,  impeachment, 
death,  resignation,  disability  or  refusal  to 
qualify,  of  both  the  Governor  and  the  Lieu- 
tenant Governor,  declaring  what  officer 
shall  act  as  Governor ;  and  such  officer  shall 
act  accordingly,  until  the  disability  be  re- 
moved, or  for  the  remainder  of  the  term. 

Aet.  54.  The  Lieuentant  Governor  or 
officer  discharging  the  duties  of  Governor, 
shall,  during  his  administration,  receive 
the  same  compensation  to  w'hich  the  Gov- 
ernor would  have  been  entitled  had  he  con- 
tinued in  office. 

Aet.  55.  The  Lieutenant  Governor  shall, 
by  virtue  of  his  office,  be  President  of  the. 
Senate,  but  shall  only  vote  when  the  Senate 
is  equally  divided.  Whenever  he  shall  ad- 
minister the  government,  or  shall  be  unable 
to  attend  as  President  of  the  Senate,  the 
Senators  shall  elect  one  of  their  own  mem- 
bers as  President  of  the  Senate  for  the  time 
being. 

Aet.  56.  The  Governor  shall  receive  a 
salary  of  eight  thousand  doUars  per  annum, 
ppyable  quarterl}^  on  his  own  warrant. 

Aet.  57.  The  Lieutenant  Governor  shall 
receive  a  salary  of  three  thousand  dollars 
per  annum,  payable  quarterly  upon  his 
own  warrant. 

Aet.  58.  The  Governor  shall  have  power 
to  grant  reprieves  for  all  o£fenses  against 
the  State,  and,  except  in  cases  of  impeach- 
ment, shall,  with  the  consent  of  the  Senate, 


j  have  power  to  grant  pardons,  remit  fines 
!  and  forfeitures,  after  conviction.  In  cases 
of  treason,  he  may  grant  reprieves  until 
the  end  of  the  next  session  of  the  General 
Assembly,  in  which  the  power  of  pardoning 
shall  be  vested.  In  cases  when  the  punish- 
ment is  not  imprisonment  at  hard  labor, 
the  party  ui^on  being  reprieved  by  the  Gov- 
ernor, shall  be  released  if  in  actual  custody, 
until  final  action  by  the  Senate. 

Aet.  59.  He  shall  be  Commander-in  -Chief 
of  the  Militia  of  this  State,  except  ^Vhen 
they  shall  be  called  into  the  service  of  the 
United  States. 

Aet.  60.  He  shall  nominate,  and,  by  and 
with  the  advice  and  consent  of  the  Senate, 
appoint  all  officers  whose  offices  are  estab- 
lished by  the  Constitution,  and  whose  ap- 
pointments are  not  herein  otherwise  pro- 
vided for ;  Provided,  liow^-ver,  that  the 
General  Assembly  shall  have  a  right  to 
prescribe  the  mode  of  appointment  to  all 
other  offices  established  by  law. 

Aet.  61.  TheGovernor  shall  have  power 
to  fill  vacancies  that  may  happen  during 
the  recess  of  the  Senate,  by  granting  com- 
missions which  shall  expire  at  the  end  of 
the  next  session  thereof,  unless  otherwise 
provided  for  in  this  Constitution;  but  no 
person  wdio  has  been  nominated  for  office 
and  rejected  by  the  Senate,  shall  be  ap- 
pointed to  the  same  office,  during  the  recess 
of  the  Senate. 

Aet.  62.  He  may  require  information  in 
writing  from  the  officers  in  the  executive 
department,  upon  an}^  subject  relating  to 
the  duties  of  their  respective  offices. 

Aet.  63.  He  shall,  from  time  to  time,  giv^ 
the  General  Assembly  information  respect- 
ing the  situation  of  the  State,  and  recom- 
mend to  their  consideration  such  measures 
as  he  may  deem  expedient. 

Aet.  64.  He  may,  on  extraordinary  occa- 
sions, convene  the  General  Assembly  at  the 
seat  of  government,  or  at  a  different  iDlace 
if  that  should  have  become  dangerous  from 
an  enemy  or  from  epidemic;  and  in  case  of 
disagreement  between  the  two  Houses  as  to 
the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  may  think  proper, 
not  exceeding  four  months. 


300 


JOUKNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Abt.  65  He  sliall  take  care  that  the  laws 
be  faithfully  executed. 

Art.  66.  Every  bill  which  shall  have 
passed  both  Houses  shall  be  presented  to 
the  Governor;  if  he  approve  he  shall  sign 
it;  if  he  do  not  he  shall  return  it  with  his 
objections  to  the  House  in  which  it  orig- 
inated, which  shall  enter  the  objections  at 
large  upon,  its  journal,  and  proceed  to  re- 
consider it.  If,  after  such  reconsideration, 
two-thirds  of  all  the  members  present  in 
that  House  shall  agree  to  pass  the  bill,  it 
shall  bo  sent  with  the  objections  to  the 
other  House,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds 
of  the  members  present  in  that  House,  it 
shall  be  a  law.  But  in  such  cases  the  vote 
of  both  Houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  members  voting 
for  or  against  the  bill  shall  be  entered  on 
the  journal  of  each  House  respectively.  If 
any  bill  shall  not  be  returned  by  the  Gov- 
ernor within  five  days  after  it  shall  have 
been  presented  to  him,  it  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless 
the  General  Assembly,  by  adjournment, 
prevent  its  return,  in  which  case  the  said 
bill  shall  be  returned  on  the  first  day  of 
the  meeting  of  the  General  Assembly  after 
the  expiration  of  said  five  days,  or  be  a  law. 

Art.  67.  Every  order,  resolution  or  vote, 
to  which  the  concurrence  of  both  Houses 
may  be  necessary,  except  on  a  question  of 
adjournment,  shall  be  presented  to  the 
Governor,  and  before  it  shall  take  effect  be 
approved  by  him,  or,  being  disapproved 
shaU  be  repassed  by  two-thirds  of  the  mem- 
bers present. 

Art.  68.  There  shall  be  a  Secretary  of 
State,  who  shall  hold  his  office  during  the 
term  for  which  the  Governor  shall  have 
been  elected.  The  records  of  the  State 
shall  be  kept  and  preserved  in  the  office  of 
the  Secretary;  he  shall  keer)  a  fair  register 
of  the  official  acts  and  proceedings  of  the 
Governor,  and  when  necessary,  shall  attest 
them;  he  shall,  when  required,  lay  the 
said  register  and  all  papers,  minutes  and 
vouchers  relative  to  his  office,  before  either 
House  of  the  General  Assembly,  and  shall 
perform  such  other  duties  as  may  be  en- 
joined on  him  by  law. 


Art.  69.  There  shall  be  a  Treasurer  of 
the  State,  and  an  Auditor  of  Public  Ac- 
counts, who  shaU  hold  their  respective  offi- 
ces during  the  term  of  four  years.  At  the 
first  election  under  this  Constitution,  the 
Treasurer  shall  be  elected  for  two  years. 

Art.  70.  The  Secretary  of  State,  Treas- 
urer and  Auditor  of  Public  Accounts  shall 
be  elected  by  the  qualified  electors  of  the 
State,  and  in  case  of  any  vacancy  caused 
by  the  resignation,  death  or  absence  of  the 
Secretary,  Treasurer  or  Auditor,  the  Gov- 
ernor shall  order  an  election  to  fill  said  va- 
cancies; Provided,  The  unexpired  term  to 
be  fiUed  be  more  than  twelve  months;  vfhen 
otherwise,  the  Governor  shall  appoint  a 
person  to  perform  the  duties  of  the  office 
thus  vacant  until  the  ensuing  general 
election. 

Art.  71.  The  Treasurer  and  the  Auditor 
shall  receive  a  salary  of  five  thousand  dol- 
lars iDcr  annum ^  each.  The  Secretary  of 
State  shall  receive  a  salary  of  three  thou- 
sand doUars  per  annum. 

Art.  72.  All  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  State  of 
Louisiana  ;  and  shall  be  sealed  with  the 
State  seal,  signed  by  the  Governor,  and 
countersigned  by  the  Secretaiy  of  State. 

title  rV — JUDICIARY  DEPARTMENT. 

Art.  73.  The  judicial  power  shaU  be 
vested  in  a  Supreme  Court,  in  district 
courts,  in  parish  courts,  and  in  justices  of 
the  peace. 

Art.  74.  The  Supreme  Court,  except  in 
cases  hereinafter  provided,  shall  have  ap- 
pellate jurisdiction  only;  which  jurisdic- 
tion shall  extend  to  all  cases  when  the  mat- 
ter in  dispute  shall  exceed  five  hundred 
dollars;  and  to  all  cases  in  which  the  con- 
stitutionality or  legality  of  any  tax,  toll,  or 
impost  of  any  kind  or  nature  v>^hatsoever, 
or  any  fine,  forfeiture,  or  penalty  imposed  by 
a  municipal  corporation  shall  be  in  con- 
testation, v/hatever  may  be  the  amount 
thereof;  and  in  such  cases  the  appeal  shall 
be  direct  from  the  court  in  which  the  case 
originated  to  the  Supreme  Court;  and  in 
criminal  cases,  on  questions  of  law  only, 
wiienever  the  punishment  of  death,  or  im- 
prisonment at  hard  labor,  or  a  fine  exceed- 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


301 


ing  three  hundred  dollars  is  actually  im- 
posed. 

Akt.  75.  The  Supreme  Court  shall  be  com- 
posed of  one  chief  justice  and  four  associ- 
ate justices,  a  majority  of  -whom  .shall  con- 
stitute a  quorum.  The  chief  justice  shall 
receive  a  salary  of  seven  thousand  five  hun- 
dred dollars,  and  each  of  the  associate  jus- 
tices a  salary  of  seven  thousand  dollars 
annually,  payable  quarterly  on  their  own 
"V^arrants.  The  chief  justice  and  the  asso- 
ciate justices  shall  be  api)ointed  by  the  Gov- 
ernor, with  the  advice  and  consent  of  the 
Senate,  for  the  term  of  eight  years.  They 
shall  be  citizens  of  the  United  States,  and 
shall  have  practiced  law  for  five  years,  the 
last  three  thereof  next  preceding  their  ap- 
XDointment  in  the  State.  The  court  shall  ap- 
point its  own  clerks,  and  may  remove  them 
at  pleasure. 

Aet.  76.  The  Supreme  Court  shall  hold 
its  sessions  in  the  city  of  New  Orleans  from 
the  first  Monday  in  the  month  of  November 
to  the  end  of  the  month  of  May.  The  Gen- 
eral Assembly  shall  have  power  to  fix  the 
sessions  elsewhere  during  the  rest  of  the 


Aet.  80.  The  judges  of  all  courts,  when- 
ever practicable,  shall  refer  to  the  law  in  vir- 
tue of  which  every  definitive  judgment  is 
rendered;  but  in  all  eases  they  shall  adduce 
the  reasons  on  which  their  judgment  is 
founded. 

Aet.  81.  The  judges  of  all  courts  shall  be 
hable  to  impeachment  for  crimes  and  mis- 
demeanors. 1'  or  any  reasonable  cause  the 
Governor  shall  remove  any  of  them  on  the 
address  of  two-thirds  of  the  members  elected 
to  each  House  of  the  General  Assembly.  In 
every  such  case  the  cause  or  causes  for 
which  such  removal  may  be  required  shall 
be  stated  at  length  in  the  address,  and  in- 
serted in  the  joui-nal  of  each  House. 

Aet.  82.  No  duties  or  functions  shall  ever 
be  attached  by  law^  to  the  Supreme  and  dis- 
trict courts,  or  the  several  judges  thereof, 
but  such  as  are  judicial;  and  the  said  judges 
are  prohibited  from  receiving  any  fees  of 
office,  or  other  compensation  than  their 
salaries,  for  any  official  duties  performed  by 
them. 

Aet.  83.  The  General  Assembly  shah  divide 
the  State  into  Judicial  Districts,  which  shall 


year;  until  otherwise  provided,  the  sessions  i  remain  unchanged  for  four  years,  and  for 


shall  be  held  as  heretofore. 

Aet.  77.  The  Supreme  Court,  and  each 
of  the  judges  thereof,  shall  have  jDower  to 
issue  writs  of  habeas  corpus  at  the  instance 
of  persons  in  actual  custody  in  cases  when 
they  may  have  appellate  jurisdiction. 

Aet.  78.  No  judgment  shall  be  rendered 
by  the  Supreme  Court  without  a  concur- 
rence of  a  majority  composing  the  Court,  j 
Whenever  the  majority  can  not  concur  in : 
consequence  of  the  recusation  of  any  mem- 
ber of  the  Court,  the  judges  not  recused 
shall  have  power  to  call  upon  any  judge  or 
judges  of  the  district  courts,  whose  duty  it 
shall  be  when  so  called  upon  to  preside  in 
the  place  of  the  judge  or  judges  recused, 
and  to  aid  in  determining  the  case. 

Aet.  79.  AH  judges,  by  virtue  of  their 
office,  shall  be  conservators  of  the  peace 
throughout  the  State.  The  style  of  aU  pro- 
cess shall  be  '"The  State  of  Louisiana."  All 
prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  the  State  of  Louis- 
iana, and  conclude  "against  the  peace  and 
ilignity  of  the  same. 


each  District  Court,  one  Judge,  learned  in 
the  law,,  shall  be  elected  for  ea<3h  district 
by  a  i^lurality  of  the  qualified  electors 
thereof.  For  each  district  there  shall  be 
one  District  Court,  except  in  the  parish  of 
Orleans,  in  which  the  General  Assembly 
may  establish  as  many  District  Courts  as 
the  public  interests  may  require.  Until 
otherwise  provided,  there  shall  be  seven 
District  Courts  for  the  parish  of  Orleans, 
with  the  foUowiijg  original  jurisdiction: 
the  first,  exclusive  criminal  jurisdiction; 
the  second,  exclusive  probate  jurisdiction; 
the  third,  exclusive  jurisdiction  of  appeals 
from  justices  of  the  peace;  the  fourth,  fifth, 
sixth  and  seventh  District  Courts,  exclusive 
jurisdiction  in  all  civil  cases,  except  pro- 
bate, when  the  sum  in  contest  is  above  on& 
hundred  dollars,  exclusive  of  interest. 
These  seven  coui'ts  shall  also  have  such  fur- 
ther juiisdiction,  not  inconsistent  herewith, 
as  shall  be  conferred  by  law. 

The  number  of  districts  in  the  State  shall 
not  be  less  than  twelve  nor  more  than  twen- 
ty.   The  clerks  of  the  District  Coui-ts  shall 


.302 


JOURNAL  OF  THE  CONSTITUTIONAL  CONYENTION. 


be  elected  by  the  qualified  electors  of  their 
Tespectiye  parishes,  aud  shall  hold  their 
office  for  four  years. 

Art.  84.  Each  of  said  Judges  shall  re- 
ceive a  salary  to  be  fixed  hj  law,  which  shall 
not  be  increased  or  diminished  during  his 
term  of  office,  and  shall  never  be  less  than 
five  thousand  dollars.  Ee  must  be  a  cit- 
izen of  the  United  States,  over  the  age  of 
twenty-five  years,  and  have  resided  in  the 
State  and  practiced  law  therein  for  the 
space  of  two  years,  next  preceding  his 
election.  The  Judges  of  the  district  courts 
shall  hold  their  office  for  the  term  of  four 
years. 

Aet.  85.  The  District  Courts  shall  have 
original  jurisdiction  in  all  civil  cases,  when 
the  amount  in  dispute  exceeds  five  hundred 
dollars,  exclusive  of  interest. '  In  criminal 
cases  their  jurisdiction  shall  be  unlimited. 
They  shall  have  appellate  jurisdiction  in 
civil  ordinary  suits,  when  the  amount  in 
dispute  exceeds  one  hundred  dollars,  exclu- 
sive of  interest. 

Art.  86.  For  each  parish  court,  one 
Judge  shall  be  elected  by  the  qualified 
electoi^  of  the  parish.  He  shall  hold  his 
office  for  the  term  of  two  years.  He  shall 
receive  a  salary  and  fees,  to  be  provided  by 
lavf.  Until  otherwise  provided,  each  parish 
Judge  shall  receive  a  salary  of  one  thousand 
tvio  hundred  dollars  i3er  annum,  and  such 
fees  as  are  established  by  law  for  clerks  of 
District  Courts..  He  shall  be  a  citizen  of 
the  United  States,  and  of  this  State. 

Akt.  87.  The  Parish  Courts  shall  have 
concurrent  jurisdiction  with  the  justices  of 
the  pseace,  in  all  cases  when  the  amount  in 
controversy  is  more  than  twenty- five  dollars, 
an  d  less  than  one  hundred  dollars,  exclu- 
sive of  interest.  They  shall  have  exclusive 
'Original  jurisdiction,  in  ordinary  suits,  in 
all  cases  when  the  amount  in  dispute  ex 
ceeds  one  hundred  dollars  and  does  not  ex- 
ceed five  hundred  dollars,  subject  to  an 
appeal  to  the  District  Court,  in  all  cases, 
when  the  amount  in  contestation  exceeds 
one  hundred  dollars,  exclusive  of  interest. 
All  successions  shall  be  ojpened  and  set- 
tled in  the  Parish  Courts;  and  all  suits  in 
which  a  succession  is  either  plaintiff  or  de- 


fendant, may  be  brought  either  in  the 
Parish  or  District  Court,  according  to  the 
amount  involved.  In  criminal  matters,  the 
Parish  Courts  shall  have  jurisdiction  in  all 
cases  wdien  the  penalty  is  not  necessarily 
imprisonment  at  hard  labor  or  death,  and 
w^hen  the  accused  shall  waive  trial  by  jury. 
They  shall  also  have  the  power  of  commit- 
ting magistrates  and  such  other  jurisdiction 
as  may  be  conferred  on  them  by  law.  There 
shall  be  no  trial  by  jury  before  the  Parish. 
Courts. 

Art.  88.  In  all  probate  matters  when  the 
amount  in  dispute  shall  exceed  five  hundred 
dollars,  exclusive  of  interest,  the  appeal 
shall  be  directly  from  the  parish  to  the  Su- 
preme Court. 

Akt.  89.  The  justices  of  the  j)3ace  shall 
be  elected  by  the  electors  of  each  parish, 
in  the  manner  to  be  provided  by  the 
General  Assembly.  They  shall  hold  office 
for  the  term  of  two  years  and  their  com- 
pensation shall  be  fixed  by  law.  Their 
jurisdiction  in  civil  cases,  shall  not  exceed 
one  hundred  dollars,  exclusive  of  interest, 
subject  to  an  appeal  to  the  parish  court,  in 
all  cases  when  the  amount  in  dispute  shall 
exceed  ten  dollars,  exclusive  of  interest. 
They  shall  have  such  criminal  jurisdiction 
as  shall  be  provided  for  by  law. 

Art.  90.-  In  any  case  when  the  judge  may 
be  recused,  and  w^hen  he  is  not  personally 
interested  in  the  matters  in  contestation,  he 
shall  select  a  lawyer  having  the  qualifica- 
tions required  for  a  judge  of  his  court  to 
try  such  cases.  And  v/hen  the  judge  is  per- 
sonally interested  in  the  suit,  he  shall  call 
upon  the  parish  or  district  judge,  as  the 
case  may  be,  to  try  the  case. 

Art.  91.  The  General  Assembly  shall 
have  power  to  vest  in  the  parish  judges  the 
right  to  grant  such  orders  and  to  do  such 
acts  as  may  be  deemed  necessary  for  the 
furtherance  of  the  administration  of  justice; 
and  in  all  cases  the  power  thus  granted  shall 
be  specified  and  determined. 

Art.  92.  There  shall  be  an  Attorney 
General  for  the  State,  who  shall  be  elected 
by  the  qualified  electors  of  the  State  at 
large.  He  shall  receive  a  salary  of  five 
thousand  dollars  per  annum,  payable 
quarterly  on  his  own  ^1  arrant,  and  shaU. 


JOURNAX,  OF  THE  CONSTITUTIONAL  CONl^ENTION. 


303 


liold  his  office  for  four  years.  There  shall 
be  a  District  Attorney  for  each  judicial 
district  of  the  State,  who  shall  lae  elected 
by  the  qualified  electors  of  the  judicial 
district.  He  shall  receive  a  salary  of  fif- 
teen hundi-ed  dollars,  payable  quarterly  on 
his  own  warrant,  and  shall  hold  his  office 
for  four  years, 

Aet.  93.  There  shall  be  a  Sherifi'and  Coro- 
n::  1  by'th 

-2ep&  the  x^s-i'ish  of  Orleai^s. .  In 


party  injured  shall,  ipso  facto,  operate  a 
vacation  of  the  office  of  said  officer. 


TITLE  V. 


IMPSACmiENT. 

Abt.  95.  The  power  of  impeachment  shall 
be  vested  in  the^  House  of  EeiDresentatives. 

Aut.  96.  Impeachments  of  the  Governor, 
Lieutenant  Governor,  Attorney  General, 
SecretaiT  of  State,  Auditor  of  Pubhc  Ac- 
counts, State  Treasurer,  Superintendent  of 
qualified  electors  of  each  i  ^^y,-^^  Education,  and  of  the  Judges  of  the 
Inferior  Courts,  Justices  of  the  Peace  ex- 


the  parish  of  Orleans,  there  shall  be  elected  cepted,  shaU  be  tried  by  the  Senate;  the 


by  the  qualified  electors  of  the  i^arish  at 
large,  oneSherifi^for  the  Criminal  Court,  who 
shall  be  the  executive  officer  of  said  court 
and  shall  have  charge  of  the  parish  iDrison. 
There  shall  also  be  elected  by  the  qualified 
electors  of  the  parish  at  large,  one 
Sheriff  who  shall  be  the  executive 
officer  of  the  Civil  C  ourts,  and  who  shall 
perform  all  other  autie-  heretofore  devolv- 
ing upon  the  sheriff  of  the  parish  of  Orleans, 
except  those  herein  delegated  to  the  sheriff 
of  the  Criminal  Court.  The  qualified  elect- 
ors of  the  city  of  New  Orleans,  residing 
below  the  middle  of  Canal  street,  shall 
elect  one  Coroner  for  that  district,  and  the 
qualified  electors  oi  the  city  of  New  Or- 
leans, residing  above  the  middle  of  Canal 
street,  together  with  those  residing  in  that 
part  of  the  parish  Imown  as  Orleans  Eight 
Bank,  shall  elect  one  Coroner  for  that  dis- 
trict. All  of  said  officers  shall  hold  their 
office  for  two  years,  and  receive  such  fees 
of  office  as  may  be  prescribed  by  law. 

Art.  94.  No  judicial  powers,  except  as 
committing  magistrates,  in^criminal  cases, 
shall  be  conferred  on  any  officers  other  than 
those  mentioned  in  this  title;  except  such 
as  may  be  necessary  in  towns  and  cities; 
and  the  judicial  j)owers  of  such  officers  shall 
not  extend  further  than  the  cognizance  of 
cases  arising  under  the  jpolice  regulations  of 


Chief  J  ustice  of  the  Sux^reme  Court,  or  the 
senior  associate  Judge  thereof,  shall  i^reside 
during  the  trial  of  such  impeachments. 
Impeachments  of  the  judges  of  the 
Supreme  Court  shall  be  tried  by  the 
Senate.  When  sitting  as  a  coiu't  of  im- 
peachment, the  Senators  shall  be  upon  oath 
or  affirmation,  and  no  j^erson  shall  be  con- 
victed without  the  concmTence  of  two- 
thirds  of  the  Senators  present. 

Art.  97.  Judgments  in  cases  of  im- 
peachment shall  extend  only  to  (removal 
from  office,  and  disquahfication  from  hold- 
ing any  office  of  honor,  tmst  or  profit  in 
the  State;  but  the  convicted  x^arties  shaU, 
nevertheless,  be  subject  to  indictment, 
trial  and  punishment  according  to  law. 

title  VI  G-EXEKAL  PEOVISIO^'S. 

Art.  98.  Every  male  person,  of  the  age 
of  twenty-one  years  or  upwards,  born  or 
naturalized  in  the  United  States,  and  sub- 
ject to  the  jurisdiction  thereof,  and  a 
resident  of  this  State  one  year  next  preced- 
ing an  election,  and  the  last  ten  days  with- 
in the  parish  in  which  he  offers  to  vote, 
shall  be  deemed  an  elector,  exce^Dt  those 
disfranchised  by  this  Constitution,  and  i^er- 
sons  under  interdiction. 

Art.  99.  The  following  persons  shall  be 
prohibited  from  voting  and  from  holding 
any  office  :  All  persons  who  shall  have  been 


towns  and  cities  in  the  State.  In  any  case  convicted  of  treason,  perjury,  forgery, 
where  such  officers  shaU  assume  jurisdic- ji^^-ii^ery  or  other  crime  punishable  in  the 


tion  over  other  matters  than  those  which 
may  arise  under  police  regulations,  or  under  j 
their  jurisdiction,  as  committing  magis- 1 
trates,  they  shall  be  hale  to  an  action  of 


penitentiary,  and  j)ei"sons  under  interdic- 
tion. 

All  persons  who  are  estopped  from  claim- 
ing the  right  of  suffrage  by  abjuring  their 


damages  in  favor  of  the  party  injured,  or  allegiance  to  the  United  States  Govern- 
Ms  heirsi  and  a^verdict  injavor  of  the  j  ment,  or  by  notoriously  levying  war  against 


i 


m  JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


it,  or  adhering  to  its  enemies,  giving  them 
aid  or  comfort,  but  who  have  not  expatri- 
ated themselves,  nor  have  been  convicted 
of  any  of  the  crimes  mentioned  in  the  first 
jDaragraph  of  this  article,  are  hereby  re- 
stored to  the  said  right,  excei^t  the  follow- 
ing :  Those  who  held  office,  civil  or  mili- 
tary, for  one  year  or  more,  under  the  or- 
ganization styled  "the  Confederate  States 
of  America ;"  those  who  registered  them- 
selves as  enemies  of  the  United  States; 
those  who  acted  as  leaders  of  guerilla 
bands  d.uring  the  late  rebellion; 
those  who,  in  the  advocacy  of  treason, 
wrote  or  published  newspaper  arti- 
cles or  preached  sermons  during  the  late 
rebellion;  and  those  who  voted  for  and 
signed  an  ordinance  of  secession  in  any 
State.  No  person  included  in  these  ex- 
cej)tions  shall  either  vote  or  hold  office 
until  he  shall  have  relieved  himself  by 
voluntarily  writing  and  signing  a  certificate 
setting  forth  that  he  acknowledges  the  late 
rebellion  to  have  been  morally  and  politi- 
cally wrong,  and  that  he  regrets  any  aid 
and  comfort  he  may  have  given  it;  and  he 
shall  file  the  certificate  in  the  office*  of 
the  Secretary  of  State,  and  it  shall 
be  published  in  the  official  journal; 
Provided,  That  no  person  who  prior  to  the 
first  of  January,  eighteen  hundred  and 
sixty-eight,  favored  the  execution  of  the 
laws  of  the  United  States  popularly  known 
as  the  Reconstruction  Acts  of  Congress,  and 
openly  and  actively  assisted  the  loyal  men 
of  the  State  in  their  efforts  to  restore  Louis- 
iana to  her  position  in  the  Union,  shall  be 
held  to  be  included  among  those  herein  ex- 
cepted. Registrars  of  voters  shall  take  the 
oath  of  any  such  person  as  prima  facie  evi- 
dence of  the  fact  that  he  is  entitled  to  the 
benefits  of  this  pro\'iso. 

Art.  100.  Members  of  the  General  Assem- 
bly, and  all  other  officers,  before  they  enter 
upon  the  duties  of  their  offices,  shall  take 
the  following  oath  or  affirmation:  "I  (A. 
B.)  do  solemnly  swear  (or  affirm)  that  I  ac- 
cept the  ci^dl  and  political  equality  of  all 
men,  and  agree  not  to  attempt  to  deprive 
any  x^erson  or  persons  on  account  of  race, 
color  or  previous  condition,  of  any  political 
or  civil  right,  privilege  or  immunity  enjoyed 


by  any  other  class  of  men.  That  I  will 
support  the  Constitution  and  Laws  of  the 
United  States,  and  the  Constitution  and 
Laws  of  this  State,  and  that  I  will  faithfully 
and  impartially  discharge  and  perform  all 

the  duties   incumbent  on  me  as  , 

according  to  the  best  of  my  ability  and 
understanding.    So  help  me  God." 

Aet.  101.  Treason  against  the  State  shall 
consist  only  in  levying  war  against  it,  or  in 
adhering  to  its  enemies — giving  them  aid 
and  comfort.  No  person  shall  be  convicted 
of  treason  except  on  the  testimony  of  two 
wii.ne^5ses  to  the  same  overt  act,  or  on  his 
confession  in  open  court. 

Aet.  102.  All  penalties  shall  be  propor- 
tioned to  the  nature  of  the  offense. 

Aet.  103.  The  privilege  of  free  suffrage 
shall  be  suj^ported  by  laws  regulating  elec- 
tions, and  prohibiting  under  adequate  pen- 
alties all  undue  influence  thereon  from 
power,  bribery,  tumult,  or  other  improper 
practice. 

Aet.  104.  No  money  shall  be  drawn 
from  the  treasury  but  in  pursuance  of  spe- 
cific ai^propriatious  made  by  law.  A  state- 
ment and  account  of  receipts  and  expendi- 
tures of  all  public  moneys  shall  be  made 
annually,  in  such  manner  as  shall  be  pre- 
scribed by  law;  and  the  first  General  Assem- 
bly convening  under  this  Constitution  shall 
make  a  special  appropriation  to  liquidate 
whatever  portion  of  the  debt  of  this  Con- 
vention may  at  that  time  remain  unpaid  or 
unprovided  for. 

Art.  105.  All  ci^dl  officers  of  the  State  at 
large  shall  be  voters  o  f ,  and  reside  within 
the  State;  and  all  district  or  parish  officers 
shall  reside  within  their  respective  districts 
or  pariBhes,  and  shall  keep  their  offices  at 
such  place  therein  as  may  be  required  by  \ 
law.  I 

Art.  106.  AU  civil  officers  shall  be  remov-  | 
able  by  an  address  of  two -thirds  of  the 
members  elect  to  each  House  of  the  Gen- 
eral Assembly,  except  those  whose  removal  : 
is  otherwise  provided  for  by  this  Constitu-  \ 
tion. 

Art.  107.  In  all  elections  by  the  people 
the  vote  shall  be  taken  by  ballot;  and  in  all 
elections  by  the  Senate  and  House  of  Re- 


JOITKNAL  OF  THE  CONSTITUTIONAL  CONYENTIOK. 


305 


presentatives,  jointly  or  separately,  the  vote 
shall  be  given  viva  voce. 

Art.  108.  None  but  citizens  of  the 
United  States  and  of  this  State  shall  be 
appointed  to  any  office  of  trust  or  profit 
in  this  State. 

Aet.  109.  The  laws,  public  records,  and 
the  judicial  and  legislative  proceedings  of 
the  State  shall  be  promulgated,  and  pre- 
served in  the  EngHsh  language;  and  no  law 
shall  require  judicial  process  to  be  issued 
in  any  other  than  the  English  language. 

Art.  110.  No  ex  post  facto  or  retroactive 
law,  nor  any  law  impairing  the  obhgation 
of  contracts,  shall  be  x>assed;  nor  vested 
rights  be  divested,  unless  for  purposes  of 
public  utility,  and  for  adequate  compensa- 
tion made. 

Art.  111.  Whenever  the  General  Assem- 
bly shall  contract  a  debt  exceeding  in 
amount  the  sum  of  one  hundred  thousand 
dollars,  unless  in  case  of  war,  to  repel  inva- 
sion or  suppress  insim*ection,  it  shall  in  the 
law  creating  the  debt,  provide  adequate 
ways  and  means  for  the  payment  of  the  cur„ 
rent  interest  and  of  the  principal  when  the 
same  shail  become  due,  and  the  said  law 
shall  be  irrepealable  until  principal  and 
interest  be  fully  paid,  or  unless  the  repeal- 
ing law  contain  some  adequate  provision 
for  the  payment  of  the  principal  ap.d  into 
rest  of  the  debt. 

Art.  112.  The  General  Assembly  shall 
provide  by  law  for  all  change  of  venue  in 
eivil  and  criminal  cases. 

Art.  113.  The  General  Assembly  may 
enact  general  laws  regulating  the  adoption 
of  children,  emancipation  of  minors  and 
the  gmnting  of  divorces;  but  no  special 
law  shall  be  passed  relating  to  particular  or 
indi^ddual  cases. 

Art.  114.  Every  law  shall  express  its  ob- 
ject or  objects  in  its  title. 

Art.  115.  No  law  shall  be  revived  or 
amended  by  reference  to  its  title;  but  in 
suoh  case  the  revived  or  amended  section 
shall  be  re-enacted  and  i^ubhshed  at  length. 

Art.  116.  The  General  Assembly  shall 
never  adopt  any  system  or  code  of  laws  by 
general  reference  to  such  system  or  code  of 
laws;  but  in  aU  cases  shall  specify  the  sev- 
eral proyisions  of  the  law  it  may  enact. 
21 


Art.  117.  No  person  shall  hold  or  exer- 
cise, at  the  same  time,  more  than  "on© 
office  of  trust  or  profit,  except  that  of 
jastiee  of  the  peace  or  notary  public. 

Art.  118.    Taxation  shall  be  equal  and 
uniform  throughout  the  State  ;  all  proper- 
ty shall  be  taxed  in  proportion  to  its  value, 
to  be  ascertained  as  directed  by  law  ;  the 
General  Assembly  shall  have  power  to 
exempt  from  taxation  property  a<;tually 
used  for  church,  school  or  charitable  pur- 
poses.   The  General  Assembly  may  levy 
an  income  tax  upon  all  persons  pursuing 
any  occupation,  trade  or  calling.    And  all 
such  persons  shall  obtain  a  license,  as  pro- 
vided by  law.    AU  tax  on  income  shall  be 
pro  rata  on  the  amount  of  income,  or 
business  done.     And  all  deeds  of  sale 
made  or  that  may  be  made  by  collectors  of 
taxes,  shall  be  received  by  courts  in  e-sidenee 
I  as  prima facie  valid  sales.    The  General  As- 
I  sembly  shall  levy  a  poll  tax  on  all  male  in- 
I  habitants  of  this  Statue,  over  twenty-one 
j  years  old,  for  school  and  charitable  pur- 
j  poses,  which  tax  shall  never  exceed  one 
{ dollar  and  fifty  cents  per  annum, 
j    Art.  119.  No  liability,  either  State,  pa- 
jrochial  or  municipal  shall  exist  for  any 
I  debts  contracted  for,  or  in  the  interest  of 
I  the  rebellion  against  the  United  States 
i  Government. 

1  Art.  120.  The  General  Assembly  may 
j  determine  the  mode  of  filling  vacancies  in 
i  all  offices  for  which  pro  vision  is  not  made  in 
I  this  Constitution, 

j  Art.  121.  The  General  Assembly  shall 
j  pass  no  law  requiring  a  property  qualfica- 
i  tion  for  office. 

!  Art.  122.  All  officers  shall  continue  to 
I  discharge  the  duties  of  their  offices  until 
!  their  successors  shall  have  been  inducted 
i  into  office;  except  in  cases  of  impeaehment 
i  or  suspension. 

I    Art.  123.   The  General  Assembly  shaU 
j  pro^dde  for  tbe  protection  of  the  rights  of 
;  married  women  to  their  dotal  and  para- 
j  phernal  property  and  for  the  registration  of 
!  the  same;  but  no  mortgage  or  privilege  shall 
I  hereafter  affect  third  parties  unless  recbrd- 
ed  in  the  parish  where  the  property  to  be 
affected  is  situated.    The  tacit  mortgages 
and  privileges  now  existing  in  this  State 


30<5 


JOUBNAL  OF  THE  CONBTITUTIONAL  CONVENTIOK. 


shall  cease  to  have  effect  against  third  per- 
sons after  the  first  day  of  January,  eigh- 
teen hundred  and  seventy,  unless  duly  re 
corded.  The  General  Assembly  shall  pro- 
vide by  law  for  the  registration  of  all  mort- 
gages and  privileges. 

Art.  124.  The  General  Assembly,  at  its 
first  session  under  this  Constitution,  shall 
provide  an  annual  pension  for  the  veterans 
of  1814  and  1815,  residing  in  the  State. 

Akt.  125.  The  military  shall  be  in  subor- 
dination to  the  civil  power. 

Art.  126.  It  shall  be  the  duty  of  the 
General  Assembly  to  make  it  obligatory 
upon  each  parish  to  supi)ort  all  paupers 
residing  mthin  its  limits. 

Art.  127.  All  agreements,  the  considera- 
tion of  which  was  Confederate  money,  notes 
or  bonds,  are  null  and  void ;  and  shall  not 
be  enforced  by  the  courts  of  this  State. 

Art.  128.  Contracts  for  the  sale  of  per- 
sons are  null  and  void;  and  shall  not  be  en 
forced  by  the  courts  of  this  State. 

Art.  129.  The  State  of  Louisiana  shall 
never  assume,  nor  pay  any  debt  or  obliga- 
tion contracted,  or  incurred  in  aid  of  the 
rebellion ;  nor  shall  this  State  ever  in  any 
manner  claim  from  th^.  United  States,  or 
make  any  allov/ance  or  compensation  for 
f  laves  emancipated  or  Hberated  in  any  way 
whatever. 

Art.  130.  All  contracts  made  and  entered 
into  under  the  pretended  authori  y  of  any 
g  )vernments  heretofore  existing  in  this 
State,  by  which  children  were  bound  out 
without  the  knowledge  or  consent  of  their 
parents,  are  hereby  declared  null  and  vokl; 
nor  shall  any  child  be  bound  out  to  any 
one  for  any  term  of  years,  while  either  one 
of  its  parents  live,  without  the  consent  of 
such  parent,  except  in  cases  of  children 
legally  sent  to  the  House  of  Correction. 

Art.  131.  The  seat  of  government  shall 
be  estabhshed  at  the  city  of  New  Orleans, 
and  shall  not  be  removed  without  the  con- 
sent of  two-thirds  of  the  members  of  both 
Houses  of  the  General  Assembly. 

Art.  132.  All  lands  sold  in  pursuance  of 
decrees  of  courts  shall  be  divided  into  tracts 
of  from  ten  to  fifty  acres. 

Art.  133.  No  judicial  powers  shall  be  ex- 
ercised by  clerks  of  courts. 


Art.  134.  No  soldier,  sailor  or  marine  in 

the  mihtary  or  naval  service  of  the  United 
I  States,  shall  hereafter  acquire  a  residence 
j  in  this  State  by  reason  of  being  stationed 
i  or  doing  duty  in  the  same. 

I  TITLE  Vn — PUBMO  EDUCATION. 

I    Art  135.  The  General   Assembly  shall 
I  establish  at  least  one  free  pubUc  school  in 
I  eveiy  parish  ihroughout  the  State,  and 
I  shall  jirovide  for  its  support  by  taxation  or 
I  otherwise.    All  children  of  this  State,  be- 
j  tween  the  ages  of  six  (6)  and  twenty-one 
I  (21)  shall  be  admitted  to  the  public  schools 
I  or  other  institutions  of  learning  sustained 
j  or  esta^blished  by  the  State,  in  common, 
without  distinction  of  race,  color  or  previ- 
ous condition.    There  shaU  be  no  separate 
schools  or  institutions  of  learning  estab- 
lished exclusively  for  any  race  by  the  State 
of  Louisiana. 

Art,  136.  No  municipal  corjioration 
shall  make  any  rules  or  regulations  contra- 
ry to  the  spirit  and  intention  of  article  one 
hundred  and  thirty-five  (135). 

Art.  137.  There  shall  be  elected  by  the 
qualified  voters  of  this  State  a  Superintend- 
ent of  Public  Education,  who  shall  hold 
his  office  for  four  years.  His  duties  shall 
be  prescribed  by  law  and  he  shall  have 
the  supervision  and  the  general  control 
of  all  public  schools  throughout  the  Stat-e. 
He  shall  receive  a  salary  of  five  thousand 
dollars  per  aonum,  payable  quarterly,  on 
his  own  warrant. 

Art.  138.  The  general  exercises  in  the 
public  schools  shall  be  conducted  in  the 
English  language. 

Art.  139.  The  proceeds  of  all  lands 
heretofore  granted  by  the  United  States 
for  the  use  and  support  of  public  schools, 
and  of  all  lands  or  other  property  which 
may  hereafter  be  bequeathed  for  that  pur- 
pose, and  of  all  lands  which  may  be  granted 
or  bequeathed  to  the  State  and  not  granted 
or  bequeathed  expressly  for  any  other  pur- 
pose, which  may  hereafter  be  disposed  of 
by  the  State,  and  the  proceeds  of  all 
estates  of  deceased  persons  to  which  the 
State  may  be  entitled  by  law,  shall  be  held 
by  the  State  as  a  loan,  and  shall  be  and  re- 
main a  perpetual  fund  on  which  the  State 


JOUEKAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


307 


shall  pay  an  annual  interest  of  six  per 
cent ,  which  interest,  with  the  interest  of 
the  trust  fund  deposited  with  this  t?."tate  by 
the  United  States,  under  the  act  of  Con- 
gress, approved  June  23d,  1836,  and  the  rent 
of  the  unsold  lands,  shaU  be  appropriated 
to  the  support  of  such  schools,  and  this  ap- 
propriation shall  remain  inyiolable. 

Akt.  liO.  No  appropriation  shiill  be  made 
by  the  General  Assembly  for  the  support 
of  any  private  school  or  any  private  insti- 
tution of  learning  whatever. 

Abt.  141.  One  half  of  the  funds  derived 
from  the  poU  tax  herein  provided  for  shall 
be  appropriated  exclusively  to  the  support 
of  the  free  pubHc  schools  throughout  the 
State,  and  the  University  of  New  Orleans. 

Abt.  142.  A  University  shaU  be  estab- 


lished and  maintained  in  the  city  of  New 
Orleans.  It  shall  be  composed  of  a  law,  a 
medical,  and  a  collegiate  department, 
each  with  appropropriate  faculties.  The 
General  Assembly  shaU  provide  by 
for  its  organization  and  maintenance; 
Provided,  That  all  departments  oi 
this  institution  of  learning  shall  bt 
opened  in  common  to  all  students 
capable   of    matriculating.    No  rules  or 


staff  officers,  who  shall  be  appointed  by 
their  resx)ective  chiefs,  and  commissioned 
by  the  Governor.  All  miHtia  officers  shall 
take  and  subscribe  to  the  oath  prescribed 
for  officers  of  the  United  States  army,  and 
the  oath  prescribed  for  officers  in  this  State. 

Ajb.t.  146.  The  Governor  shall  have  power 
to  call  the  militia  into  active  service  for  the 
preservation  of  law  and  order,  or  when  the 
public  safety  may  require  it.  The  mihcia 
vrhen  in  active  service  shall  receive  the  same 
pay  and  allowances  as  officers  and  privates, 
as  is  received  by  officers  and  privates  in  the 
United  States  army. 

TITLE  IX — MODE  OF  REVISING  THE  CONSTITU- 
TION. 

Art.  147.  Any  amendment,  or  amend- 
aients,  to  this  Constitution,  may  be  pro- 
posed in  the  Senate  or  House  of  Eepresent- 
itives,  and  if  the  same  shall  be  agreed  to 
by  two-thirds  of  the  members  elected  to 
:3ach  House,  such  proposed  amendment  or 
imendments  shaU   be  entered  on  their 
I  cesi^ective    journals    with    the  ayes  and 
I  aays   taken  thereon,  and  the  Secretary 
i  of   State  shaU  cause    the    same  to  be 
I  published     three    months    before  the 
j  aext  general  election  for  representatives 
I  to  the  General  Assemblv,  in  at  least  one 


regulations  shall  be  made  by  the  trustees.  , 

faculties,  o^  other  officers  of  said  institu-I^^^Wer  in  every  parish  in  the  State  in 

\  \rhich  a  newspaper  shah  be  pubKshed;  and 


tion  of  learning,  nor  shall  anv  laws 


made  by  the  General  Assembly  violatiHg  the 
lett-er  or  spirit  of  the  articles  under  tl 
title. 

Art.  143.  Institutions  for  the  support 
of  the  insane,  the  education  and  supioort 
of  the  blind  and  the  deaf  and  dumb,  shall 
always  be.  fostered  by  the  State,  and  be 
subject  to  such  regulations  as  may  be  iDre- 
scribed  by  the  General  Assembly. 

TITLE  Vin — mLITIA. 

Art.  144.  It  shaU  be  the  duty  of  the 
General  Assembly  to  organize  the  militia  of 
the  State,  and  all  able-bodied  male  citizens^ 
between  the  ages  of  18  and  45  years,  not 
disfranchised  by  the  laws  of  the  Uniteu 
States  and  of  this  State,  sLaU  be  subject  to 
mihtary  duty. 

Art.  145.  The  Governor  shall  appoint  aL 


such  proposed  amendment  or  amendments 
;  <hall  be  submitted  to  the  people  at  said 
j  election;  and  if  a  majority  of  the  voters  at 
I  said  election  shall  apxn'ove  and  ratify  such 
i  amendment  or  amendments,  the  same  shall 


become  a  part  of  this  Constitution.  If 
more  than  one  amendment  shall  be  sub- 
mitted at  one  time,  they  shall  be  submitted 
in  such  manner  and  form  that  the  people 
may  vote  for  or  against  each  amendment 
separately. 

title  X  -  SCHEDULE. 

Ajit.  148.  The  ordinance  of  secession 
of  the  State .  of  Louisiana  passed  twen- 
ty-sixtli  of  January,  eighteen  hundred 
and  sixty-one,  is  hereby  declared  to  be 
nuU  and  void.  The  Cmstitution  adopted 
in  eighteen  hundred  and  sixty-four, 
and    ali    previous    Constitutions    in  the 


commissioned  officers,  subject  to  confirma- !  State  of  Louisiana  are  declaimed  to  b§ 
tdon  or  rejection  by  the  Senate,  except  the  ^  superseded  by  this  Constitution. 


« 


SOS 


JOtJENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


Abt.  149.  All  rights,  actions,  prosecutions, 
claims,  contracts,  and  all  laws  in  force  at  the 
time  of  the  adoption  of  this  Constitution,  and 
not  inconsistent  therewith,  shall  continue 
as  if  it  had  not  been  adopted.  Ail  judg- 
ments and  judicial  sales,  marriages  and  ex- 
ecuted contracts  made  in  good  faith  and  in 
accordance  with  existing  laws  in  this  State, 
rendered,  made,  or  entered  into  between  the 
twenty-sixth  day  of  January,  eighteen  hun- 
dred and  sixty-one,  and  tlie  date  when  this 
Constitution  shall  be  adopted,  are  hereby 
declared  to  be  vaUd,  except  the  following 
laws: 

**An  act  to  authorize  the  widening  of  the 
new  canal  and  basin."  Approved  March 
fourteenth,  eighteen  hundred  and  sixty- 
seven. 

"An  act  to  amend  and  re-enact  the  121st 
section  of  an  act  entitled  *An  act  relative 
to  crimes  and  offences.'"  Approved  De- 
cember twentieth,  eighteen  himdfed  and 
sixty-five. 

'  *An  act  for  the  punishment  of  persons 
for  tampering  with,  persuading  or  enticing 
away,  harboring,  feeding  or  secreting  labor- 
ers, servants  or  apprentices."  Approved 
December  twenty-nrst,  eighteen  hundred 
and  sixty-five. 

*  *An  net  to  Tjunish,  in  certain  cases,  the 
employers  of  Laborers'  and  apprentices." 
approved  December  tv  enty-first,  eighteen 
huadred  and  yixty-flve. 

**An  act  in  relation  to  exemption  from 
State,  parish,  f.nd  city  taxes  for  the  years 
eighteen  hundred  and  sii-ty-two,  eighteen 
hundred  and  sixty-three,  eighteen  hundred 
and  sixty-four,  and  eighteen  hundred  and 
sixty-five,  in  cei-tain  cases."  Certified  six- 
teenth March,  eighteen  hundred  and  sixty 
six. 

"An  act  gTanting  ferry  privileges  to  C. 
K.  Marshall,  his  heirs,  or  assigns."  Ap- 
|)roved  March  t«nth,  eighteen  hundred 
and  sixty-six. 

"An  act  to  authorize  the  Board  of  Levee 
Commissioners  of  the  levee  district  in  the 
parishes  of  Madison  and  Carroll  to  issue 
bonds,"  etc.,  etc.  Approved  March  twenty- 
eighth,  eighteen  hundred  and  sixty-seven. 

Section  third  of  *'An  act  to  organize  the 


pohee  of  New  Orleans,  and  to  create  a 
polir-e  board  therein."  Approved  twelfth 
February,  eighteen  hundred  and  sixty-six. 

Aet.  150,  The  laws  relative  to  the  duties 
of  officers  slmll  remain  in  force,  though 
contrary  to  this  Constitution,  and  the  sev- 
eral duties  be  performed  by  the  respective 
officers,  until  the  organization  of  the  gov- 
ernment under  this  Constitution. 

Art.  151.  The  General  Assembly  shall 
provide  for  the  removal  of  causes  now 
pending  in  the  courts  of  this  State  to 
courts  created  by  or  under  this  Constitu- 
tion. 

TITLE  XI — OKDINANOE. 

Aet.  152.  Immediately  upon  the  adjourn- 
ment of  this  Convention  this  Constitution 
shaUbe  submitted  for  ratification  to  the 
registered  voters  of  the  State,  in  conformity 
to  the  act  of  Congress  passed  March  second, 
eighteen  hundred  and  sixty-seven,  entitled 
"An  act  to  provide  for  the  more  efficient 
government  of  the  rebel  States,"  and  the 
acts  supplementary  thereto. 

Aet.  153.  The  election  for  the  ratification 
of  the  Constitution  shall  be  held  on  Fri- 
day and  Saturday,  the  seventeenth  and 
eighteenth  days  of  April,  eighteen  hun- 
dred and  sixty-eight,  at  the  places  now  pre- 
scribed by  law;  and  the  polls  shall  be  kept 
open  from  7  o'clock  a.  m.,  to  7  o'clock  p.  m. 
At  the  election  all  those  in  favor  of  ratify- 
ing the  Constitution  shall  have  written  or 
printed  on  tlieir  ballots  "For  the  Constitu- 
tion," and  those  opposed  to  ratifying  the 
Com  titution  shall  have  written  or  printed 
on  their  ballots  "Against  the  Constitution." 

Af:t  151.  In  order  to  establish  a  civil  gov- 
ernment, as  required  by  act  of .  Congress 
passed  March  twenty  third,  eighteen  hun- 
dred and  sixty-seven,  an  election  shall  be 
held  at  the  same  time  and  place  at  which 
the  Constitution  is  submitted  for  rati- 
fication, for  all  State,  judicial,  parish 
and  mnnicipal  officers,  for  members  of 
the  General  ABsembly,  and  for  Congrtss- 
sional  Representatives,  at  which  election 
the  electors  who  are  qualified  under  the 
Reconctruction  Acts  of  Congress  shall  vot«, 
and  none  others;  Provided,  That  any 
elector  shall  be  eligible  to  any  office  under 
any  inuuicipal  corporation  in  this  State. 


JOURNAL  OF  TEE  CONSTITUTIONAL  CON\mTION. 


m 


Abt.  155.  At  the  election  for  the  ratilica- !  officially  promulgated,  or  as  soon  as  quali- 
tion  of  the  Constitution,  and  for  officers  \  tied  according  to  law,  and  shall  continue 
of  the  civil  government  as  required  by  j  in  office  for  the  terms  of  their  respective 
Congress,  all  registered  electoi's  may  vote  'offices  herein  prescribed,  snid  terms  to  date 
in  any  parish  where  they  have  resided  for  ;  from  the  first  Monday  in  November  follow- 
ten  days  next  preceding  said  election,  and  ;  ing  the  election. 

at  any  precinct  in  the  parish,  upon  present-  j  j^p^^.  159.  The  G  eneral  Assembly,  elected 
ation  of  their  certificates  of  registration,  |  ^^ucler  this  Constitution,  shall  hold  its  first 
affidavit,  or  other  satisfactory  evidence  |  session  in  the  city  of  New  Orleans  on  the 
that  they  are  entitled  to  vote  as  registered  !  tMrd  Monday  after  the  official  promulgation 
electors.  ^  aforesaid,  and  proceed  immediately  upon  its 

Art.  156.  The  same  registrars  and  com- 1  organization  to  vote  upon  the  adoption  of 
missioners  who  shall  be  appointed  by  the  |  the  fourteenth  amendment  to  the  Consti- 
Commanding  General  of  the  Fifth  ^^ifiiitary  j  tution  of  the  United  States,  proi)osed  by 
District  to  superintend  the  election  for  the  i  Congress,  and  passed  June  thirteenth, 
ratification  or  rejection  of  the  Constitution  I  eighteen  hundred  and  sixty-six:  said  Gen- 
shall  also,  at  the  same  time  and  i>lace,  su- 1  eral  Assembly  shall  not  have  power  to  enact 
perint^nd  the  election  for  all  officers  and  |  any  laws  relative  to  the  per  diem  of  mem- 
representatives  herein  ordered;  Prcr/rfetf,  |  bers,  or  any  other  subject,  after  organiza- 
They  be  authorized  so  to  act  by  tlie  Com- 1  tion,  until  said  Constitutional  amendment 
manding  General.  And  in  case  the  Com  |  shtdl  have  been  acted  upon, 
manding  General  should  not  so  authorize  j  Art.  160.  All  registrars  and  commis- 
said  registrars  and  commissioners,  the  com-  sioners  appointed  under  this  Constitution 
mittee  of  seven  appointed  by  this  Conven- j  shall,  before  entering  upon  th&ir  duties, 
tion  to  take  charge  of  the  whole  matter  of  take  and  subscribe  the  oath  of  office  pre- 


the  ratification  of  the  Constitution  and  the 
election  of  civil  officers  shall  appoint  one 


scribed  by  Congress,  approved  July  second, 
eighteen  hundred  and  sixty-tvro,  entitled 


registrar  for  each  parish  in  the  State,  except  |  '^An  act  to  prescribe  an  oath  of  officer  the 
the  parish  of  Orleans,  and  one  in  each  dis-  j  said  oath  of  office  shall  be  administered  to 
trict  of  the  parish  of  Orleans,  counting  Or- 1  each  registrar  by  the  chairman  of  the  Corn- 
leans,  right  bank,  as  one  district,  who  shall,  i  mittoe  of  Seven  and  to  each  commissioner 
each  in  his  parish  or  district,  appoint  a  snf- :  bv  the  registrar  appointing  him. 
flcient  number  of  commissioners  of  eiec- 1  ^-^  registrars,  commissioners 

tion    to  hold  tue  said  election   for  saidj^^^^^  ^^^^^.3  j^.e-essary  to  carry  into 

civil  officers  and  representatives  at  the  same !  ^g^^^^  provisions  of  this^  ordmance,  ex- 
time  and  place  as  herein  provided  for.  ;  ^  otherwise  provided  for  by  the  Ke- 
Art.  157.  Returns  shall  be  made  in  du- 1  construction  Acts  of  Congresy,  shall  be  paid 
pUcate,  sworn  to  by  the  commissioners  \  out  of  any  funds  raised  by  virtue  of  the  tax 
holding  the  election,  and  forwarded  within  j  ordinance  adopt-ed  by  the  Convention,  De- 
three  days  thereafter  to  the  registtrars  of  i  cember  twenty-fourth,  eighteen  hundi-ed 
the  parish  or  district.    The  registrars  shall  i  and  sixty-seven,  not  otherwise  appropriated. 


immediately   forvward    one   copy  of  said 


[signed] 


returns  to  the  chairman  of  the  committee  ;  j^^^.  Taliaferro.  President  and  dele- 
ct levtri,  appc-iited  by  tin^  Convention,  i  gate  from  the  parish  of  Catahoula;  Messrs. 
who  shall,  -.ri.riin  t-en  days  after  the  last  C.  C.  Antoine,  of  Caddo,  L.  Yv^.  Baker,  of 
return  has  been  received."  make  r.rociama- '  Bossier,  Simeon  Belden,  Arnold  Berton- 
^     .  .     . T     •  neau,  W.  Jasper  l:>lackDurc,  O.  C.  Blandan, 

tion  ot  tne  result  ci  said  eiscnon.  .        ■  B^^seigneur.   Z.  BoLnefoi,  William 

Art.  158.  Ail  civil  officers  thus  elected  Brown,  Dennis  Buirel,  Yv  m.  Butler,  Y\  E. 
shall  enter  upon  th-   discharge  of  their  Crane,  B.  I.  CromweiL  Samuel  E.  Cunej, 
•  „  ^„   ,1  J  Tir    J       £L      j,\     A.  J.  Demarest,  Charles  Depasseau,  P.  Gt 

duties  on  the  second  Monday  after 

return  or  their  elecMon  sha.ll  have  been  \  Da^d  Douglas,   CTUstave  Dupart,  Ulger 


JOURNAL  OF  THE  CONSTITUTIOHAIi  CONTENTION. 


Dupart,  C.  B.  H,  Duplessis,  J.  B.  Esnard, 
Ls.  Francois,  Henry  W.  Fuller,  .lolm  Gair, 
R.  G.  Gardiner,  Leopold  Guicliard,  Peter 
Harper,  John  S.  Harris,  O.  H.  Hempstead, 
Jr.,  Wm.  H.  Hiestand,  James  Henry  In- 
graham,  Robert  Hamlin  Isabelle,  Thomas 
Isabelle,  George  H.  Jackson,  Simon  Jones, 
George  Y.  Kelso,  James  H.  Landers,  Victor 
M.  Lange,  Charles  Leroy,  Jas.  B.  Lewis, 
Richard  Lewis,  John  Lynch,  of  CarroU,  F. 
Marie,  Thos.  N.  Martin,  J.  A.  Massicot, 
William  R.  Meadows,  Benjamin  McLeran, 
W.  L.  McMilien,  Milton  Morris,  S.  R. 
Moses,  Wm.  Mnrrel,  James  Mushaway, 
TheoDhile  Mahier,  J.  P.  Newsham,  Joseph 
0.  Oliver,  S.  B.  Packard,  John  Pierce,  P. 
B,  S.  Pinchback,  R.  Poindexter,  Curtis 
Pollard,  George  W.  Reagan,  D.  H.  Reese, 
F.  Riard,  Daniel  D.  Riggs,  J.  H.  A.  Ro- 
berts, L.  S.  Rodriguez,  N.  Schwab,  Charles 
Smith,  Sosthene  L.  Snaer,  H.  R.  Steele, 
Chs.  A.  Thiba,ut,  Ed.  Tinchant,  M  H. 
Twitchell,  N.  Underwood,  P.  F.  Yalfroit, 
Jno.  B.  Vandergriff,  M.  D.,  Michel  Vidal, 
Rufus  Waples,  G.  M.  Wickliffe,  Henderson 
Williams,  David  Wilson. 

Mr.  McMilien  moved  that  as  the.  specific 
work  for  which  the  Convention  was  con- 
vened has  been  accomplished,  the  per  cUe?n 
of  its  members  do  cease  from  this  da}^ 
Adopted.  1 
By  Mr.  Belden :  i 
Resolved,  That  a  committee  of  three  be  \ 
appointed  by  the  Chair  to  wait  on  Major  | 
General  Hancock,  commanding  the  Fifth  j 
Military  District,  and  inform  him  that  the  j 
Constitutional  Convention  has  completed  I 
its  labors,  and  that  the  Constitution  is  now  • 
ready  to  be  submitted  for  ratification  to  | 
the  qualified  electors  of  the  State.  i 
Resolved  firriher,  That  a  certified  copy  of  • 
this  resolution  be  forward  ed  to  him. 

Adopted.  I 
The  Chair  appointed  as  the  committee,  ; 
Messrs.  Belden,  Mushaway  and  Yander- 1 

The  Convention  adjourned  till  Monday, 
at  10  o'clock  A.  M. 

A  true  copy:  ■ 
V/M.  YIGERS,  SecrctLiry. 

EIGHTY-FIEST  DAY.  . 
New  OeliEaxs,  Mo3iday,  March  9,  1868.  , 
The  Couvontion  mot  puri^iuiint  to   vA-  < 

joumment  and  v>"..s  called  to  order  by  the 

President  at  12  m. 

«  The  roll  was  called  and  the  following  i 
members  answered  to  their  names :  \ 
•  President  J.  G,  Taliaierro;  Messrs.  Ba-i 


fker,  Blackburn,  Blandin,  Brown,  Cooley, 
Ciane,  Crawford,  CromweU,  Cuney,  Dear- 
iug,  Demarest,  Depasseau,  Deslonde  P.  G., 
Deslonde  J.,  Donato,  Duimrte  G.,  Dupart 
U.,  Duplessis,  Fuller,  Ferguson,  Guichard, 
Harper,  Harris,  Harrison,  Hempstead,  In- 
graham,  Isabelle  R.  H  ,  Jackson,  Jones, 
Kelso,  Landers,  Lange,  Leroy,  Lewis  J.  B., 
LevN'is  B.,  Lynch,  Marie,  Martin,  MeadowiS, 
McLeran,  Morris,  Moses,  Murrel,  Musha- 
way, Oliver,  Packard,  Pierce,  Poindexter, 
Pollard,  Reagan,  Reese,  Riggs,  Roberts, 
Rodriguez,  Snaer,  Steele,  Thibaut,  Tin- 
chant,  Underwood,  Yalfroit,  Yandergriff, 
Wickliffe,  WiUiams,  W^ilson — 60  members 
present. 

The  minutes  were  read  and  adopted. 

OEIGINAIi  EESOIiUTIONS. 

By  Mr.  Lange : 

Resolved,  That  the  Secretary  of  this  Con- 
vention be  hereby  instructed  to  send  printed 
cojDies  of  this  Constitution  to  the  President 
of  the  United  States,  the  President  of  the 
Senate,  Speaker  of  the  House  of  Repre- 
sentatives, the  General  of  the  army  and  to 
each  member  of  both  Houses  of  Congress. 

Adopted. 

By  Mr.  Blackburn  : 

Resolved,  That  until  a  regular  and  final 
adjournment,  every  member,  official  and 
employee  of  this  Convention,  shaU  be  en- 
titled to  the  regular  per  diem  and  pay. 

Tlie  Chair  decided  that  the  resolution 
was  not  in  ord^r,  as  it  was  in  conflict  with 
a  rule  of  the  Convention  ado^Dted  on  Satur- 
day. 

Mr,  Hempstead  moved  to  reconsider  the 
resolution  of  Saturday  providing  for  the 
stoppage  of  the  |j^?r  diem  of  members. 

Mr.  Tinch?.nt  moved  to  lay  on  the  table. 

Adopted — ayes  4:3,  nays  22— as  follows: 

Yeas:  Bertonnean. -  :  '  r  '  ^  ;  -  vueur, 
Bonenfoi,  Brown,  C  lord, 
Cnney,  Dearing,  Djs..;-  ■  .  •  ■  Des- 
londe, Jos.  DesIoBdc,  P'/:  '  :  u  jJtipicssis, 
Fuller,  Ferguson,  G-uichuril,  li.  H.  Isa- 
bella, Jonesrii^'lso,  Lange,  Lynch,  Martin, 
Ma3sicr.\  ''i^f-Mlows,  McLeran,  McMilien, 
Moses.  hy,  Xewohiun,  Oliver,  Pack- 

ard, Po  ...  .  1-,  Pollard,  Iliard,  Sodriguez, 
Snaer,  Thibaut,  Tinchant,  Underwood, 
WiMJles,  Wickhffe,  Williams,  VViIson---13. 

K&js:  Baker,  Blackburn,  Cr..m',vp]],  G. 
Diiparce,  U.  Dupart,  Francois,  Harper, 
Harris,  Hempstead,  Ingraham,  Jackson, 
Landers,  Leroy,  J.  B.  Lewis,  Mario,  Mor- 
ris, Murrel,  Pierce,  Reagan,  Reese,  Biggs, 
Yalfroit-~22. 

By  Mr,  Biaokbum: 


JOtJBNAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


311 


Resolved,  That  no  penalty  for  the  non-  j 
payment  of  ConTention  tax  shall  be  exa<}t-  \ 
ed'of  any  tax  payer  in  the  parish  of  Clai-  i 
borne  iiatil  the  expiration  of  thirty  days  | 
after  a  correct  and  o:Seial  tax  roll  shall  \ 
have  been  placed  in  the  hands  of  the  tox ' 
collector  of  said  parish.  ; 

Mr.  Cooley  T^as  called  to  the  chair.  ' 

Mr.  Wickiiffe  moYed  to  amend  by  stiik- : 
ing  out  the  vords  **th6  parish  of  Clai-  \ 
borne"  and  inserting  the  ^rords  ''any  i")ar-  | 
ish."  ^  \ 

The  amendment  was  accepted. 

The  resolution,  as  amended,  was  adox^ted,  j 
ao  follows:  • 

Resolred,  That  no  penalty  for  the  non^l 
payment  of  Convention  tax  shall  be  ex-  i 
acted  of  any  tax -payer  in  any  parish,  until  ! 
the  expiration  of  thirty  days  after  a  cor-  i 
rect  and  official  tax  roll  shaR  have  been  j 
pla^^ed  in  the  hands  of  the  tax  collector  of  i 
any  x^arish.  ; 

Mr.  "WickliSe  moved  to  repeal  the  resolu- 
tion regarding  the  qualifications  of  regis- 1 
trars. 

Mr.  Tinchant  moved  to  lay  the  motion 
to  repeal  on  the  table. 

Lost — ayes  32,  nays  35 — as  f oUows : 
Yeas:  Bertonneau.  Bonseigneur,  Brown, 
Cooley,  Crane,  Crawford,  Cromwell,  Cimey.  i 
Bearing,  Depasseau,  P.  C  Deslonde,  Jos. 
Deslonde,  Donato,  G-  Duparte,  Dui^lessis,  \ 
Fuller,  Fergu.^on,  Harper,  Leroy,  J.  B.  | 
Lewis,  Lynch,  Martin,  McMillen,  Morris,  \ 
Mushaway,    Myers,    Poindexter,    Fwiard,  j 
Rodriguez,  Steele,   Tinchant,  "WajDles — 32 
yeas. 

Nays:  B^ker,  Blackburn,  Blandin,  XT. 
Dupart.  Francois,  Cuichard,  Hands,  Hemp- 
stead, Ingraham,  E.  H.  Isabelle,  Jackson. 
Jones.  Land.-rs,  Lange,  Marie,  Massicot, 
Meadovrs.  McLeran,  Moses,  Mun-el,  New- 
sham,  Oliver,  Packard,  Pollard,  Eeagan, 
Reese,  Rigors.  Snaer,  Thibaut,  Underwood. 
Yalfroit,  Tidal,  Wiekliffe,  WiUiams,  YvH- 
Eon — 35  nays. 

The  motion  to  repeal  did  not  prevail. 

Mr.  Meadows  moved  that  the  Convention 
do  now  proceed  to  the  election  of  the  Board 
of  Registration,  provided  for  by  the  ordi- 
nance of  Feb.  13. 

Mr.  Bertonneau  moved  that  all  members 
ef  the  Convention  who  consider  themselves 
eligible  to  the  position  of  Registrars,  be 
requested  to  rise  to  their  feet,  in  theu- 
places. 

Mr.  Hempstead  moved  to  lay  on  the  table. 


Lost. 

The  motion  of  Mr.  Bertonneau  pre- 
vailed. 
By  Mr.  Y^'ickliffe: 

Besolved,  That  each  candidate  for  reg- 
istrar shall  be  sworn  to  the  fact  that  he  is 
not,  and  yn.il  not  be  a  candidate  for  any 
office  whatever. 

Adopted. 

Mr.  McMiHen  moved  that  the  roh  be 
called,  and  as  each  delegate's  name  is 
called,  if  a  candidate  for  the  Board  of  Reg- 
istration, he  shall  take  a  seat  on  the  plat- 
form. 

Adopted. 

Mr.  Tv'icklille  moved  to  rcr)eal  the  reso- 
lution of  Mai'ch  7th,  in  relation  to  the 
Board  of  Registraticn. 

Mr.  Tinchant  moved  that  the  committee 
aT>pointed  to  wait  upon  General  Hancock 
have  leave  to  retire. 

Mr.  McZYliUen  moved  to  amend  by  in- 
slrucing  the  comn:itteG  to  inform  Major 
G-eneral  Hancock,  commanding  the  Fifth 
Military  District,  that  the  Convention  is 
about  to  conclude  its  labors  and  adjourn, 
and  to  furnish  him  with  an  official  copy  of 
the  Constitution. 

Adopted. 

Mr.  "Wicklifie's  motion  to  repeal  the  re- 
solution of  March  7,  in  relation  to  the 
Board  of  Registration,  was  adopted — ayes 
31,  nays  20 — as  follows : 

Yen,s:  Belden,  Blackburn.  Blandin, 
Deslonde  P.  G.,  Dupart  C,  Fran- 
cois, Guichard,  Harper,  Harris,  Hempstead, 
Ingnraham,  Isabelie  R.  H.,  Jones,  Landers, 
Lerov,  Marie,  Massicot,  Meadows.  Morris, 
Moses,  Murrel,  Oliver,  Packard,  '  Pollard, 
Eeas-an,  Schwab,  Underwood,  Yidal,  Wick- 
lifie^  Williams,  Wilson— 31. 

Nays:  Bertonneau,  Bonseigneur,  Brown, 
Butler,  Cooley,  Crane,  Crawford,  De- 
passeau.  Donato,  Duparte  G.,  DuiDlessis, 
Ferguson,  Lynch,  McMillen,  Mushaway, 
Rodriguez,  Smith,  Snaer,  Tinchant,  Waples 
—20. 

Mr.  Crane  was  called  to  the  chaii-. 
By  :Mr.  McMiUen: 

Resolved,  That  all  clerical  duties,  un- 
finished at  the  time  when  the  Convention 
may  adjourn,  be  completed  under  the 
supervision  of  the  President  of  the  Con-' 
vention,  who  is  hereby  authorized  to  em- 
ploy two  clerks  iox  iifteen  days  at  a  com- 


JOURNAL  OF  THE  CONSTITUTIONAL  CONVENTION.. 


pensation  of  eight  dollars  per  day  eacli, 
payable  upon  the  warrant  of  the  President. 

Mr  WickUffe  moYed  to  lay  the  resolution 
on  the  table. 

Lost. 

The  resolution  was  adoiated. 

Mr.  Pa<;kard  moved  that  the  Convention 
do  now  proceed  to  the  election  of  the 
Board  of  Registration  by  baUot. 

Mr.  McMillen  moved  to  repeal  the  ordi- 
nance of  February  ISth,  creating  the 
Board  of  Registrars. 

Mr.  Packard  raised  the  point  of  order 
that  his  motion  to  proceed  to  the  elec- 
tion has  precedence,  and  that  the  motion 
to  repeal  could  not  be  entertained  until  the 
previous  motion  had  been  disposed  of. 

The  Chair  decided  that  the  motion  to  re- 
peal was  a  higher  one  than  the  motion  to 
proceed  to  an  eloctionj  and  had  precedence. 

Mr.  Packard  appealed. 

The  Chair  was  not  sustained. 

Mr.  Waj^les  moved  to  adjourn  siiie  die. 

Lost. 

Mr.  Waplen  moved  that  when  the  Con- 
vention adjourns  to-day,  it  adjourn  sine 
die. 

Laid  on  the  table. 

Mr.  Packard's  motion  to  proceed  to  an 
election  prevailed. 

Mr.  Packard  moved  that  each  delegate 
TOte  for  seven  candidates  and  that  the  seven 
persons  receiving  the  highest  number  of 
votes  cast,  be  declared  duly  elected. 

Adopted. 

The  Chair  appointed  as  tellers  Messrs. 
Smith,  Bertonneaii  and  Depasseau. 

The  roll  was  called,  and  the  delegates  as 
their  names  were  read,  deposited  their  bal- 
lots with  the  tellers. 

The  following  named  gentlemen  were 
nominated,  and  received  the  number  of 
votes  set  opposite  their  names,  respect- 
ively: 

Belden   7  votes. 

L.  Rodriguez   24 

W.  R.  Crane   16 

Bertonneau   6 

R.  H.  IsabeUe...   12 

Waples.   18 

Packard..   40 

Harris.....................  30 

Underwood  » . . . .  27 


Wickliffe......   25 

Brown   8  •* 

Ingraham   30  *' 

Hempstead    27  '* 

Wilson   9 

Pinchback  7  " 

McMillen...   5  " 

Cooley   5  " 

Ferguson   4 

McLeran   2  " 

Blackburn   37  " 

Gardiner.   6  " 

Vidal   1  " 

Jones   1  " 

Newsham   4  " 

Harper   1  " 

Reagan   6  " 

Tinchant   2  " 

Moses.  .•   3 

Thomas  Isabeile   1  ^' 

Snaer   9  " 

Fuller.   7  " 

Cromwell   1  " 

Cuney.   6  " 

Harrison   2 

Crawford   2  " 

MushavN^ay,   9  " 

Blandin   6  " 

Landers   2 

Lange   ....   6  " 

Eonnefoi  6 

YandergrifF   2 

_    2  ^ 

The  following  named  gentlemen  having 
received  the  highest  number  of  votes,  were 
declared  by  the  Chair  to  have  been  duly 
elected  members  of  the  Board  of  Registra- 
tion : 

S.  B.  Packard,  W.  J.  Blackburn,  J.  S. 
Hams,  J.  H.  Ingraham,  O.  H.  Hempstead, 
N.  Underwood,  Q.  M.  WickUffe. 

By  Mr.  Jones : 

Resolved^  That  the  clerks  employed  by 
the  Committee  on  the  Enrolling  of  the  Con- 
stitution be  allowed  a  compensation  of  one 
hundred  and  fifty  dollars  each  for  their 
labor. 

Mr.  Tinchant  moved  to  amend  by  insert^ 
ing  .5575  in  lieu  of  ^150. 
Lost.  . 

Mr.  Rodriguez  moved  to  amend  by  in- 
serting SlOO  in  lieu  of  $150. 
Laid  on  the  table. 

Mr.  McMillen  moved  to  amend  by  in- 
serting the  word  "three"  before  the  word 
"clerks." 

Adopted. 

The  resolution,  as  amended, [was  adopted, 
as  follows: 


JOUEXAL  OF  TKE  CONSTITUTIONAL  OOXYEXTION. 


313 


Resolved,  That  the  three  clerks  employed 
bj  the  Committee  on  the  Enrolliug  of  the 
Constitution  be  allowed  a  compensation  of 
one  hundred  and  fifty  dollars  each  for  their 
labor. 

By  Mr.  Crawford: 

ResolvecL  That  the  Committee  of  Seven 
be  instiTicted  to  perform  the  following 
duties,  in  addition  to  those  now  imposed  on 
them: 

1st.  That  they  cause  Convention  war- 
rants to  sell  at  par. 

2d.  That  they  make  city  notes  as  good  as 
State  notes. 

3d.  That  they  cause  State  notes  to  be  as 
good  as  greenbacks. 

4:th.  That  they  make  greenbacks  as  g  od 
as  gold. 

5th.  That  they  i^ay  the  debt  of  the  city 
of  Xew  Orleans,  the  State  of  Lousiana  and 
of  the  United  States,  and  for  the  x^urpose 
of  performing  these  duties,  all  power  in 
Heaven  and  on  earth  is  hereby  vested  in 
them, 

^Ir.  T\'ickli£fe  moved  to  amend  by  add- 
ing 

That  they  be  further  authorized  to  take 
the  author  of  that  resolution  to  the  Insane 
Asylum. 

The  resolution  and  amendment  were 
ordered  to  be  laid  aside  as  ridiculous  and 
irrelevant. 

By  3Ir.  Blackburn : 

Resoli-ed,  That  th-^"  Committee  of  Seven, 
ax^pointed  by  this  Convention,  be  and  is 
hereby  authorized  and  empowered  to  adjust 
the  accounts  for  the  unfinished  XDublic 
printing;  and  after  said  accounts  are  a]3- 
proved  by  said  Committee,  in  accordance 
with  the  rates  fixed  for  such  printing,  and 
endorsed  by  the  President  of  the  Conven- 
tion, the  Warrant  Clerk — who  shall  hold 
over  during  the  x^eriod  of  fifteen  days,  or 
for  so  much  thereof  as  may  be  necessary — 
shall  issue  warrants  in  the  usual  manner  for 
the  same.  And  it  shall  be  x^roi^er  for"  the 
President  of  the  Convention  to  sign  such 
warrants  officially. 

]\Ir.  ^Ic^Iillen  moved  to  amend  by  strik- 
ing out  all  after  the  word  "resolved,"  and 

insertino" : 

President  of  the  Convention  be 
_    ^  L  lo  adjust  all  claims  against  the 
State  for  x^rintiug  done  by  order  of  this 
Convention,  according  to  fixed  rates,  and 


to  warrant  ux^on  the  Treasur; 


the  same. 


Mr.  Hemx^stead  moved  to  lay  the  amend- 
ment on  the  table. 
Lost. 

22 


I  The  amendment  was  adopted — ayes  36, 
■  nays  23 — as  follows : 

I  Yeas  :  Bertonneau,  Blandin,  Bonsei- 
,  gneur,  Bonnefoi,  Brown,  Butler,  Cooley, 
\  Crane,  Crawford,  Cromwell,  Demarest,  De- 
ipasseau,  Donato,  G.  Duparte,  U.  Dupart, 
iDux3lessis,  Esnard  Perguson,  Prancois, 
E.  H.  IsabeUe,  Kelso,  Lange,  Lynch,  Mar- 
tin, McMillen,  Moses,  Mushaway,  Pollard, 
Eeese,  Eiard,  Eiggs,  Eodriguez,  Smith, 
Tinchant,  Yandergriff.  Waple's.  Williams — 
36. 

Xays  :  Blackburn,  Douglas,  G-ardiner, 
G-uichard,  Harx3er,  Harris,  Hemx^stead, 
Jackson,  Jones,  Leroy,  Marie,  Massicot, 
Meadows,  Morris,  Packard,  Eeagan, 
Eoberts,  Schwab,  Snaer,  Thibaut,  Under- 

^  wood,  Wickliffe,  Wilson— 23. 

I    The  resolution,  as  amended,  was  adoxDted. 

j    The  President  resumed  the  chair. 

:    Mr.  Belden,  chairman  of    the  Commit- 

I  tee  appointed  to  wait  upon  Major  General 
Hancock  and  inform  him  of  the  comx^le- 
tion  of  the  labors  of  the  Convention,  sub- 

Imitted  the  following  rex3ort: 

j  To  the  President  and  members  of  the  Convention: 

1  Gentlemen — The  undersigned  Commit- 
j  tee  ax5X5ointed  to  wait  ux5on  Major  General 
^  Yr.  S.  Hancock  to  inform  him  that  the  Con- 
I  stitution  was  completed,  and  ready  to  be 
submitted  to  the  qualified  electors  for  rati- 
ficatioD,  beg  leave  to  rei3ort  that  they  have 
X^erformed  that  duty  under  the  resolution 
of  the  Convention  by  which  they  were  ax3- 
X^ointed.  Your  Committee  beg  leave  to 
state  fui-ther  that  the  Commanding  General 
exx^ressed  to  us  some  doubt  as  to  whether 
the  act  of  Congress,  known  as  the  "Eecon- 
stmction"  Act,  authorized  the  election  of 
"State,  x^arish  and  municix^al  elections,"  at 
the  same  time  of  the  election  on  the  ratifi- 
cation of  the  Constitution. 

He  stated  to  us  that  he  would  at  once 
j  order  the  election  on  the  ratification  of  the 
I  Constitution,  and  would  also  at  once  tele- 
j  graph  to  Washington  for  information  as  to 
;  the  election  of  the  State  officers  at  the 
I  same  time  as  proxDosed  in  the  Constitution, 
]  and  exxDressed  the  belief  that  under  the 
act  of  Congress  uxDon  the  subject  now  be- 
I  fore  the  President,  the  election  would  be 
I  held  as  x^rovided  for. 
I  Eesx^ectfully  submitted, 
j  S.  Beixen,  Chairman; 

James  Meshawat, 
I  Jxo,  B.  Yaindeegelff. 

i    Which  was  received. 
By  Mr.  Smith: 

Resolved,  That  the  thanks  of  the  Con- 
vention be  tendered  to  its  honored  Presi- 
dent for  the  able,  dignified  and  impartial 


314 


JOUENAL  OF  THE  CONSTITUTIONAL  CONVENTION. 


manner  with  which  he  has  discharged  the 
trying  and  onerous  duties  of  his  position 
as  its  presiding  officer. 

The  resolution  was  unanimously  adopted. 

By  Mr.  Brown: 

"Whereas,  Adolph  Bernard,  elected  to 
represent  the  parishes  of  Calcasieu  and 
Vermillion,  has  failed  to  appear  in  the  Con- 
stitutional Convention  to  represent  his  dis- 
trict; therefore 

Be  it  resolved,  That  the  "Warrant  Clerk 
be  instructed  not  to  issue  any  warrant  in 
favor  of  said  Adolph  Bernard,  delegate 
elected  from  said  parishes. 

Adopted. 

By  Mr.  Wickhffe: 

Resolved,  That  this  Convention,  when  it 
does  adjourn,  shall  adjourn  subject  to  the 
call  of  a  quorum  of  the  members;  Provided, 
That  should  the  Constitution  he  ratified, 
this  Convention  shall  therefore  be  deemed 
adjourned  sine  die;  but  in  case  the  Consti- 
tution should  not  be  ratified,  then  the  Con- 
vention may  be  reconvened  by  said  quorum. 

Mr.  Ferguson  moved  to  lay  on  the  table. 

Lost — ayes  21,  nays  43 — as  follows: 

Ayes:  Blackburn,  Blandin,  Bonseigneur, 
Bonnefoi,  Brown,  Butler,  Crane,  Crawford, 
Demarest,  Depasseau,  G.  Duparte,  Esnard, 
Ferguson,  Kelso,  Lynch,  Martin,  Musha- 
way,  Rodriguez,  Smith,  Tinchant,  Wa- 
ples— 21. 

Nays  :  Belden,  Bertonneau,  Cromwell, 
Donato,  Douglas,  U.  Dupart,  Duplessis, 
Gardiner,  Guichard,  Harper,  Harris,  Hemp- 
stead, Ingraham,  R.  H.  Isabelle,  Jackson, 
Jones,  Landers,  Lange,  Leroy,  Marie, 
Massicot,  Meadows,  McLeran,  McMillen, 
Morris,  Moses,  Murrel,  Oliver,  Packard, 
Pollard,  Reagan,  Reese,  Riard,  Roberts, 
Schwab,  Snaer,  Thibaut,  Underwood,  Val- 
froit,  Vandergriff",  "Wickliffe,  Williams, 
Wilson— 43. 

The  resolution,  reading  as  follows,  was 
adopted. 

Resolved^  That  this  Convention,  when  it 
does  adjourn,  shall  adjourn  subject  to  the 
call  of  a  quorum  of  the  members;  Provided, 
That  should  the  Constitution  be  ratified, 
this  Convention  shall  therefore  be  deemed 
adjourned  sine  die;  but  in  case  the  Consti- 
tution should  not  be  ratified,  then  the  Con- 
vention may  be  re  convened  by  said  quo- 
rum. 

Ayes  35,  nays  32,  as  follows : 

Ayes:  Donato,  Douglas,  Dupart  U., 
Francois,  Harper,  Harris,  Hempstead,  In- 
graham, Isabelle  R.  H.,  Jackson,  Jones, 
Landers,  Lange,  Leroy,  Marie,  Massicot, 
Meadows.  Morris,  Murrel,  Oliver,  Packard, 


Pollard,  Reagan,  Reese,  Riggs,  Roberts, 
Schwab,  Snaer,  Thibaut,  Underwood,  Val- 
froit,  Vidal,  Wickliffe,  Williams,  Wilson— 
35. 

Nays:  Belden,  Bertonneau,  Blackburn, 
Blandin,  Bonseigneur,  Bonnefoi,  Brown, 
Cooley,  Crane,  Crawford,  Cromwell,  Dear- 
ing,  Demarest,  Depasseau,  Duparte  G. ,  Du- 
plessis, Esnard,  Ferguson,  Guichard,  Har- 
rison, Kelso,  Lynch,  Martin,  McMillen, 
Moses,  Mushaway,  Rodriguez,  Smith,  Tin- 
chant,  Vandergriff,  Waples — 32. 

Mr.  Cromwell  recorded  the  following 
reasons  for  his  vote : 

I  vote  no  because  I  beheve  when  we  ad- 
journ .  we  have  no  power  after  we  have 
completed  the  Constitution,  in  compliance 
with  the  Reconstruction  Acts,  therefore  I 
vote  no. 

R.  I.  CEOMWELIi. 

Mr.  Waples  moved  that  no  per  diem  be 
allowed  to  the  members  of  the  Convention 
at  any  subsequent  meeting  that  may  be 
called  in  pursuance  of  the  resolution  just 
adopted. 

The  motion  prevailed. 

Mr.  Francois  recorded  the  following  rea- 
sons for  his  vote  upon  the  adoption  of  the 
Constitution  as  a  whole : 

Mr.  President  and  Members  of  the  Constitutional 

Convention : 

I  have  voted  for  and  signed  the  Constitu- 
tion, because  I  believe  it  to  contain  the  only 
means  and  measures  by  which  the  right  of 
every  loyal  man  in  this  State  is  safely  se- 
cured. S.  Fbancois. 

The  President  rose  and  addressed  the 
I  Convention  in  the  following  impressive 
and  eloquent  words : 

Delegates  of  the  Conyention: 

We  have  at  length  brought  our  labors  to 
a  close,  and  have  formed  a  Constitution,  as 
I  believe,  in  conformity  with  the  Recon- 
struction laws  of  Congress.  An  impor- 
tant labor  remains  to  be  performed — that  of 
seeing  that  it  is  ratified  by  the  people;  and 
this  I  consider  a  matter  of  paramount  in- 
terest to  the  elections  that  are  soon  to  take 
place.  The  anomalous  condition  of  the 
State  at  this  time,  without  its  proper  posi- 
tion in  the  Union,  and  without  rex3resenta- 
tion  in  Congress,  is  working  serious  injury 
to  ail  the  great  interests  of  our  country. 

Genglemen,  if,  during  our  debates, 
warmth  of  feeling  has  occasionally  arisen,  a 
thing  common  in  all  deliberative  bodies, 
I  feel  well  assured  that  it  has  always  passed 
away  with  the  occasion  which  gave  rise  to 
it;  and  that  we  part  with  no  other  than 
kindly  feelings  towards  each  other.    I  feel 


JOURNAL  OF  THE  CONSTITUTIONAL  CON'^'ENTION.  315 


grateful  for  the  vote  of  thanks  you  have 
extended  to  me  as  tout  presiding  officer, 
and  I  accept  it  as  the  expression  of  your 
opinion  that  whateyer  errors  I  may  have 
committed  in  relation  to  the  rules  of  debate, 
they  were  errors  of  the  judgment  only. 
We'  may  never  all  meet  together  in  this 
world,  but  I  trust  vre  shall  in  another  and  a 
better,  after  the  toils,  troubles  and  excite- 
ments of  this  life  are  over. 

The  Eev.  Josiah  Fisk  vras  invited  by  the 
President  to  close  the  proceedings  of  the 
Convention  with  prayer,  which  he  did  in 
the  following  words : 

Almighty  God,  our  Heavenly  Father, 
again  we  present  ourselves  before  thee  in 
the  humble  attitude  of  worshippers.  "We 
give  thee  our  grateful  acknowledgments 
and  thanks  for  the  preservation  of  oiu'  lives 
during  the  past  night,  and  for  the  privil- 
ege of  beholding  the  light  of  this  pleasant 
day  in  health  and  peace. 

"We  thank  thee  for  health,  for  friends  and 
for  all  the  blessings  which  thou  in  thy  infi- 
nite wisdom  hast  been  pleased  to  bestow 
upon  us  frail  mortals. 

Bless  the  United  States  Government  and 
all  in  authority.  Guide  all  the  officers  in 
this  State  and  nation  in  the  ways  of  holi- 
ness Give  them  hearts  of  repentance,  that 
they  may  live  holy  lives  themselves  in  all 
things, 

Bless  the  President  of  these  United 
States.  Enable  him  to  pause  in  his  career 
of  vice  and  folly. 

May  he  cease  from  doing  evil,  and  learn 
to  do  right.  Bless  the  Congi-ess  of  these 
Un.ted  States  now  in  session.  Grant  the 
members  wisdom  and  prudence  in  the  dis- 
charge of  theii'  duties.  If,  in  order  to  ad- 
vance the  prosperity  of  our  government, 
and  to  promote  the  XDrinciples  of  justice,  it 
becomes  necessary  to  remove  bad  men 
from  office,  enable  them  to  discharge  that 
duty  promptly  and  with   holy  boldness, 


]  leaving  the  results   and  consequences  of 

such  removal  under  thy  control. 
1    Bless  this  Convention,  and  each  delegate, 

and  officer  connected  therewith.    May  the 

Constitution,  which  they  have  just  formed, 
I  be  ratified,  and  remain  the  organic  law  of 
i  Louisiana  for  generations  to  come. 

Luring  the  three  and  a  half  months  not 

a  single  delegate  has  been  called  away  by 
\  death.  Their  labors  are  completed, an^ 
'they  are  about  to  adjourn  and  separate  no 
I  more  to  meet  on  earth. 

I  Enable  each  to  Hve  Godly — live  so  that 
they  may  be  prepared  to  meet  each  other 

I  in  joy  around  thy  holy  throne. 

When  they  retuim  to  their  homes  may 

'  they  meet  with  joyful  greetings  by  friends 
and  loved  ones  left  behind.    May '  they  be 

■  permitted  again  to  see  the  same  bright  eyes 
shining  lovingly  on  them  as  they  did  be- 

I  fore.    May  they  feel  the  same  dear  arms 

;  twining  fondly  around  them  as  in  da^s  of 

{ yore. 

;    Bless  the  sick  and  afflicted.    Bless  the 
I  dying:  may  their  deathless  siDirits  be  guid- 
i  ed  to  the  glories  of    Heaven.    Bless  the 
1  widows  and  the  orphan,  comfort  and  con- 
sole  them  in  their  bereavement.  Finally 
guide  us  all  through  life's  shifting,  mean- 
dering scenes.    Guide  us  through  the  dark 
valley  of    the    shadow    of    death,  and 
from  thence  guide  us  safely  home  to  Hea- 
ven, which  favors   we   ask   through  the 
atoneing  merits   of  Christ  our  Saviour. 
Amen  I 

Mr.  Wickliffe  moved  that  the  Convention 
do  now  adjourn  subject  to  call  in  accord- 
ance with  the  terms  of  the  resolution  pre- 
j'viously  adopted. 

I    The  motion  prevailed,  and  the  President 
I  declared  that  the   Convention   does  novr 
j  stand  adjoiu-ned,  subject  to  call  as  thus 
'  provided, 
j    A  true  copy: 

"WM.  YIGEES,  Secretaiw. 


E  E  R  A  T  A  . 


Page  31,  and  subsequently  wherever  it  occurs,  read  "  McMillen  "  for  McMillan." 
f^'age  3'2,  14th  paragraph,  second  line,  read  "the"  for  "she.'' 

Page  34,  6t!i  paragraph,  third  line,  read  "one-half"  for  "half;"  and  fourth  line,  "from  and 
after"  for  "from  that,  and,"  and  second  column,  second  paragraph,  read  "resolution"  for 
"amendment." 

Page  35,  9th  paragraph,  read  "Depasseau"  for  "Dupasseau." 

Page  43,  2d  column,  3d  paragraph,  2d  and  3d  line^,  read  "Enrolling"  for  "Enroling." 
Page  121,  2d  column,  5th  paragraph,  1st  line,  read  "substituting"  for  "reading." 
Page  128,  2d  column,  18th  paragraph,  1st  line,  read  "Underwood"  for  "Uunderwood." 
Page  129,  7th  paragraph,  2d  line,  read  "minority"  for  "majority,"  and  3d  line,  read  "ma- 
jority" for  "minority." 

Page  137,  2d  column,  2d  paragraph,  10th  line,  read  "by"  for  "for." 

Page  138,  15th  paragraph,  3d  line,  read  "from  one  parish  to  another,"  for  "from  one  to 
another;"  and  17th  paragraph,  6th  line,  read  "from  one  ^Darish  to  another,"  for  "from  one  to 
another;"  and  9th  liuQ,  read  "acquired  it  in"  for  "acquired  in;"  and  17th  para-j;raph,  6th  line' 
read  "los-"  for  "loose." 

Page  147,  14th  paragraph,  3d  line,  read  "in  lieu  thereof"  for  "in  the  line." 

Page  148,  2d  column,  3d  paragraph,  2d  line,  read  "amendment"  for  "amendments." 

Page  151,  2d  column,  11th  paragraph,  2d  line,  read  "lying"  for  "lieing." 

Page  158,  1st  line,  read  'commissions"  for  "commission." 

Page  156,  3d  paragraph,  2d  line,  read  "justice"  for  "justsce." 

Page  165,  2d  column,  10th  paragraph,  2d  line,  read  "article"  for  "amendment." 

Page  184,  2d  column,  3d  paragraph,  read  "Art.  100." 

Page  186,  25th  paragraph,  read  "adopted"  for  adoptud." 

Page  187,  4th  paragraph,  16th  line,  read  "courts  in  evidence  as"  for  "courts  as." 
Page  200,  1st  paragraph,  4th  line,  read  "The  am -ndment  was  adopted." 
Page  215,  4th  paragraph,  Cth  line,  read  "list"  for  "day." 

Page  219,  4th  paragraph,  5th  line,  read  "registrars"  for  "registration,"  and  5th  paragraph, 
4th  line,  read  "or  of  the"  for  "or  the." 

Page  223,  4th  paragraph.  5th  line,  read  "registrars''  for  "registration,"  and  5th  paragraph. 
4th  line  read  "or  of  the"  for  "or  the," 

Page  2i3,  between  thfj  9Lh  and  10th  paragraphs,  read  "Article  15  was  adopted  as  follows:  " 

"Akt.  15.  The  legislative  power  of  tne  State  shall  be  vested  ia  two  distinct  branches;  the 
one  to  be  styled  the  House  of  Representatives,  the  other  the  Senate,  and  both  the  General 
Assembly  of  the  State  of  Louisiana." 

Page  245,  5th  paragraph,  6th  line,  read  "lose"  for  "loose." 

Page  249,  5th  paragraph,  3d  line,  read  "Government"  for  "Goveronment." 

Page  251,  1st  paragraph,  3d  line,  rt-ad  "and"  for  "they,"  and  2d  i3aragraph,  5th  line,  read 
"GenerrJ  Assembly"  for  "Legislature." 

Page  252,  1 1  th  paragraph,  1st  and  9 tli  lines,  read  "General  Assembly"  for  "Legislature." 

Page  252,  11th  paragraph,  Art.  83,  omit  period,  and  read  "with"  for  "With;"  and  2d  column' 
8th  paragraph,  1st  line,  read  'courts"  for  '-cohrts." 

Page  25B.  2d  paragraph,  11th  li'ie,  read  "impeachments"'  for  "impeachment. " 

Page  271,  12^h  paragraph,  read  "table"  for  "tabled." 

Page  2G3,  4th  paragraph,  4th  line,  read  "and  for"  for  "for" 

Page  272,  8th  paragraph,  5th  line,  read  "1867"  for  "1868." 

Page  283,  IHth  line,  read  "held"  ilr  "have  held," 

Page  272,  2d  column,  13tL  paragraph,  1st  line,  read  "General  Assembly"  for  ''Legislature." 
Page  279,  2d  column,  5th  paragraph,  4th  line,  read  "The  resolution  was  adopted;"  and  6th 
]Daragraph,  2d  line,  read  "  notion"  for  "substitute." 

Pag3  234  11th  paragraph,  4th  line,  read  "$12"  for  '^$24." 
Page  293,  Art.  26,  Gth  line,  read  "lose"  for  "loose." 


